BAJRANG Vs. DEVI SAHAI
LAWS(RAJ)-2012-8-173
HIGH COURT OF RAJASTHAN
Decided on August 22,2012

BAJRANG Appellant
VERSUS
DEVI SAHAI Respondents

JUDGEMENT

- (1.) THE present appeal has been filed under Or. XLIII Rule 1(r) C.P.C. by the appellants-plaintiffs, challenging the order dated 6.10.2001, passed by the Additional District Judge, Sambhar Lake, district Jaipur(hereinafter referred to as the trial court) in Temporary Injunction Application No. 12/2000, whereby the trial court has dismissed the said application of the plaintiffs.
(2.) IT appears that the appellants-plaintiffs have filed the suit seeking specific performance of the agreement dated 28.7.1999, and also for permanent injunction in respect of the land in question. In the said suit, the appellants-plaintiffs had also filed an application seeking temporary injunction which was dismissed by the trial court vide the impugned order dated 6.10.2001. It further appears that this Court while issuing notice to the respondents-defendants on 4.12.2001, had directed the parties to maintain status-quo. The said order is continuing till this date. Heard learned counsel Ms. Manisha Surana for the appellants. No body appears for the respondent no.2, though duly served. Notice to the respondent no.1 was already dispensed with earlier. Since the interim order dated 4.12.2001 has continued till this date and since no body appears for the contesting respondent no.2, it would be in the fitness of the case to continue the said interim relief till the pendency of the suit and if the suit is directed to be decided as expeditiously as possible.
(3.) IN view of the above, the order dated 6.10.2001, passed by the trial court is set-aside. The parties are directed to maintain status-quo as regards the suit land till the pendency of suit. The suit is directed to be disposed of expeditiously as early as possible. The appeal stands allowed accordingly.;


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