2004 INSC 0703
                                    SUPREME COURT OF INDIA

                                          Sushit Kanti Choudhury

                                                      Vs.

                                             Bimal Chakraborty

                                      S.L.P. (C) No. 13765 of 2003

                                  (B. N. Agarwal and H. K. Sema JJ.)

                                                 12.07.2004

                                                   ORDER

1. Heard learned counsel for the parties.

2. Leave granted.

3. The plaintiff/appellant filed a suit in which an order of status quo was passed by the trial
Court by way of interim measure but after hearing the other side, the same was vacated.
Against the said order, an appeal was filed before the District Court which was allowed and
the order passed by the trial Court was set aside and status quo was granted. Thereupon, the
defendant/respondent took up the matter in revision before the High Court which directed
that until further orders operation of the order passed by the appellate Court shall remain
stayed. In the said revision, an application for modification of the order aforesaid was filed
by the plaintiff before the High Court which has been rejected by the impugned order.
Hence, this appeal by special leave.

4. The suit was filed in the year, 1998 and a period of six years has expired. Both the parties
agree that the suit is ready for hearing. In the facts and circumstances of the case, we feel that
the suit should be disposed of within a time schedule and in the meantime interim order
should continue.

5. Accordingly, we allow this appeal, modify the impugned order passed by the revisional
Court and direct that pending disposal of the suit, status quo in relation to possession of the
disputed property shall be maintained and all the parties are directed not to dispose of or, in
any manner, encumber the disputed property. The trial Court shall take all possible steps for
disposal of the suit within a period of nine months from the date of production of the
certified copy of this order before that Court. All the parties shall cooperate the Court in
disposal of the suit within the time specified above and the Court shall not grant unnecessary
adjournments to any of the parties without there being any reasonable cause. In case the
plaintiff fails to cooperate the court in disposal of suit within aforesaid time schedule, the

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trial Court shall record an order to that effect and from that date the presents interim order
passed by this Court shall stand vacated.

6. The appeal shall stand disposed of accordingly.

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