GUPTA, J. - (1.) THE matter comes up on application under Section 161 of the Rajasthan High Court Rules for listing the case for admission.
(2.) SINCE by order dated 29. 4. 98 further proceedings have been ordered to be stayed, the matter is sought to be listed for admission. By the impugned order the learned trial court has dismissed the application of the petitioner filed u/s. 151 C. P. C. in the proceedings initiated on the petitioner's application under Order 21 Rule 97 C. P. C. The learned counsel for the parties state that the parties have already completed their pleadings in the proceedings under Order 21 Rule 97 C. P. C. , the documents have also been submitted and the case is fixed in the Executing Court on 26. 5. 2000. I have perused the provisions of Order 21 Rule 101, 103 and 105 C. P. C. It is clear that the learned trial court is to decide the application on the basis of the material already placed on record including the document. In such circumstances, since nothing more is to be done by the learned trial court except to decide the application under Order 21 Rule 97 C. P. C. and I understand there should be no impediment in the way of the learned trial court in hearing the said application on 26. 5. 2000 on merits itself and decide it within a day or two as it is already pending since December, 97. It is made clear that in this view of the matter the interim order dated 29. 4. 98 shall not come in the way of the learned court below in deciding the application on merits by hearing the final arguments on 26. 5. 2000 and deciding that application in the month of May, 2000 itself. With this clarification this revision petition is ordered to be put up for admission on 1. 06. 2000, on which date, the learned trial court should intimate to this Court the decision of the application under Order 21 Rule 97 C. P. C. .;