- (1.) ADMITTEDLY in S.B. Civil Misc. Appeal No.1483/2005 the Co-ordinate Bench of this Court has passed the following order:- "In view of the above, this appeal is partly allowed, the order of the first appellate court dated 12.07.2005 is set aside so far as setting aside of judgment and decree of the trial court is concerned. The appeal shall remain pending before the first appellate court and the trial court shall determine the rent within a period of fifteen days from the date of receipt of copy of this order. Since learned counsel for the appellant submitted that in the instant case, parties led evidence on all issues including on issue regarding default, therefore, there is no need for taking evidence by the trial court on any of issue. The trial court after determination of rent shall forthwith sent the file to the first appellate court. The tenant shall be entitled to deposit the rent as may be determined by the trial court in the trial court even when the file will be before the first appellate court. Both the parties are directed to remain present in Court before the trial court on 28.08.2006. The first appellate court, after receipt of file from the trial court with the order of determination of rent shall decide the appeal within a period of six months thereafter."
(2.) IN pursuance of the aforesaid order, the trial court determined the rent vide order dated 31.08.2006, against which, an appeal was preferred by the petitioner before the District Judge and the same was dismissed by the Additional District Judge No.2, Bikaner vide order dated 18.07.2007 (Annexure-4). In this writ petition both the orders are under challenge. At the threshold a query is made from the counsel for the petitioner whether the appeal against the original decree is pending, it is replied that yes, the said appeal is pending in the Court of Additional District Judge No.1, Bikaner being Appeal Decree No.28/2004. In my opinion, the question whether the trial court after remand rightly determined the rent or not can be raised by the petitioner in the appeal filed against the original decree pending in the Court of Additional District Judge No.1, Bikaner, therefore, without entering into the merit, a liberty is granted to the petitioner to raise his all grounds which are raised in this writ petition with regard to wrong determination of rent. Upon raising those grounds, the learned Additional District Judge No.1, Bikaner shall consider and decide the appeal alongwith other issues. It is made clear that any observation made by the appellate court in the order dated 18.07.2007 filed against the order dated 31.08.2006 shall not come in the way of deciding the appeal of all issues. With the above directions, this writ petition is disposed of with further direction that appeal against original decree is pending since 2004, therefore, it is expected from the appellate court that appeal shall be decided within a period of three months from today. ;