[2025:RJ-JP:47058] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1266/2025 1. Durgashankar Alias Durgalal aged 70 years son of Shri Shambulal 2. Smt. Nandkanwari aged 62 years, wife of Durgashankar alias Durgalal Resident of Malanmasi Balaji Road, Near Gautam House, Bundi Tehsil and District Bundi (Raj) 8952900897 ----Petitioners Versus 1. Shri Rekhmal aged 65 years, son of Ratanlal, resident of Jawahar Colony, Malanmasi Balaji Road, Bundi Tehsil and District Bundi (Raj.) 2. Smt. Manbhari Bai wife of Ramcharan resident of Jawahar colony, near Malanmasi, Balaji, Bundi Tehsil and District Bundi (Raj.) 3. Ramcharan Aakayu aged 34 year, son of Rekhmal resident of Jawahar Colony, near Malanmasi Balaji, Bundi Tehsil and District Bundi (Raj.) 4. Nawal aged 30 years son of Rekhmal resident of Jawahar Colony, near Malanmasi Balaji, Bundi Tehsil and District Bundi (Raj.) 5.Nagarparishad, Bundi through Commissioner, Nagarparishad, Bundi Tehsil and District Bundi 6. Nagarparishad, Bundi through Chairperson, Nagarparishad, Bundi Tehsil District Bundi ----Respondents For Petitioner(s) : Mr. Naman Jain on behalf of Mr. Sudarshan Kumar Laddha For Respondent(s) : Mr. Praveen Kumar Jain with Mr. Bhadar Singh HON'BLE MR. JUSTICE MANEESH SHARMA Order 20/11/2025 1. Matter comes up on an application (IA No. 2/2025) filed by respondents No. 1 to 4 under Article 226(3) of the Constitution of [2025:RJ-JP:47058] (2 of 3) [CW-1266/2025] India, seeking vacation of the ex parte stay order dated 31.01.2025 in the writ petition. 2. During the course of arguments, learned counsel for the respondents submits that despite dismissal of the suit vide judgment and decree dated 24.07.2024 in their favour, they are facing serious hardship due to interim order dated 31.01.2025. 3. It would be apt to reproduce the interim order dated 31.01.2025: "In the meantime, operation of the impugned judgment and decree dated 24.07.2024 in respect of demolition of construction shall remain stayed." 4. Learned counsel for the respondents further submits that if for any reason the interim order is not vacated then, alternatively, let the learned Appellate Court may be directed to decide the pending Civil Regular Appeal in a time-bound manner. 5. With the mutual consent of the parties, this matter was finally heard and without expressing any opinion on merits. 6. In view of the statement made by learned counsel for the respondents, the impugned order dated 20.12.2024 is set aside, the present writ petition is disposed of, and the interim order dated 31.01.2025 passed by the Co-ordinate Bench of this Court is made absolute till the final disposal of the Civil Regular Appeal titled as 'Durga Shankar and ors. v. Rekhmal and ors.', pending before the learned Additional District Judge No. 2, Bundi. 7. However, learned Additional District Judge No. 2, Bundi, is directed to hear and decide the pending Civil Regular Appeal [2025:RJ-JP:47058] (3 of 3) [CW-1266/2025] within a period of three months from the date of receipt of the certified copy of this order. 8. Accordingly, the present writ petition is disposed of with the aforesaid directions. 9. All the pending application(s), if any, also stand disposed of. (MANEESH SHARMA),J Seema/20