[2025:RJ-JP:28216] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4049/2012 1. Smt Phool Devi W/o Late Bhagwanaram Jat 2. Pradeep S/o Bhagwanaram aged about 10 years 3. Manoj S/o Bhagwanaram aged about 13 years Appellant No.2 and 3 are minors and represented by their next friend and natural guardians - mother Smt. Phool Devi W/o Bhagwanaram Jat All R/o Village Gaudavas, Tehsil Neem Ka Thana, District Sikar ----Defendant Nos.1 to 3/Appellants Versus 1. Shri Satyanarayan S/o Shri Ghasiram R/o Naya Bas Road, Krishi Upaj Mandi, Neema Ka Thana Distt. Sikar 2. Shri Suresh S/o Sh. Kanhaiya Lal Lochib R/o Village Gaudavas, Tehsil Neem Ka Thana, Distt. Sikar ----Respondent For Appellant(s) : Mr. Vinod Kumar Tomaliya For Respondent(s) : Mr. Rahul Sharma for Mr. S.K. Gupta Mr. Ritesh Kumawat for Mr. A.K. Khan HON'BLE MR. JUSTICE MANEESH SHARMA Order 28/07/2025 1. Present appeal has been filed by the defendant-appellant against the order dated 24.08.2012, whereby in a suit for specific performance, temporary injunction application filed under Order 39 Rule 1 and 2 CPC filed by the plaintiff-respondent has been allowed and the present appellant has been restrained not to sale or alienate the suit property as described in the plaint. 2. After arguing the matter at some length, the learned counsel for the appellant submitted that since temporary injunction order [2025:RJ-JP:28216] (2 of 2) [CMA-4049/2012] dated 24.08.2012 is operative against the appellant and hearing of the suit filed in the year 2012 is not catching the required pace, therefore, the appellant would be satisfied if direction for the expeditious hearing of the suit is ordered. 3. Heard. 4. That while maintaining the impugned order dated 24.08.2012, in the interest of justice and in view of the facts stated herein above, the appeal is disposed of with a direction that the learned Trial Court is directed to decide the pending suit for specific performance within one year from the date of filing of the certified copy of this order. 5. However, it is made clear that the learned Trial Court should not be influenced by the dismissal of this appeal or from the findings recorded under the impugned order while deciding the main suit on merits. 6. Accordingly, the present appeal stands disposed of. 7. Record of the court below be sent back. 8. Any other pending application(s), if any, stands disposed of. (MANEESH SHARMA),J SOURAV /29