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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11416/2016 Rakesh Kumar S/o Shri Suresh Chand, Mohalla Pasari Gali Malak Pada, Tahsil Bari, Dhaulpur, Presently Residing At Flat No. 4, Swastik Apartment, Sushilpura, Sodhala, Jaipur ----Petitioner Versus
1. Abdul Salam S/o Abdul Aziz Khan, By Castle Muslim Lohar, Inside Mohalla Pure, Malakpada Badi, Dhaulpur
2. Sarban Lal S/o Shri Suresh Chand, Mohalla Pasari Gali Malak Pada, Tahsil Bari, Dhaulpur
3. Dilip Kumar S/o Bhikam Chand, Mohalla Pasari Gali Malak Pada, Tahsil Bari, Dhaulpur
4. Anil Kumar S/o Radheyshyam, By Caste Vaish, Behind Railway Station, Tahsil Bari, Dhaulpur ----Respondents For Petitioner(s) : Mr. Amit Gupta, Adv. For Respondent(s) : Mr. Sudesh Bansal, Adv. Mr. Sachin Mittal, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order 16/07/2019 The instant writ petition has been filed by the petitioner- defendant challenging the order dt.04.08.2016 whereby the Appellate Court while accepting the appeal of the respondent- Abdul Salam, restrained the present petitioners to alienate the property and further directed to maintain status quo. The Appellate Court also gave direction to the Civil Court to decide the suit within a period of three months.
(2 of 2) [CW-11416/2016] Both the learned counsel appearing for the parties submits that the present writ petition may be disposed of by giving a direction to the Civil Court to dispose of main suit itself. This Court finds that the Appellate Court while deciding the appeal filed against the order of temporary injunction had directed to dispose of the suit within a period of three months. The said
order was passed in the year 2016 and as such the Civil Court so far has not been decided the suit. This Court does not intend to interfere with the order dt.04.08.2016 passed by the Additional District Judge, Bari. However, in the interest of justice, it is expected from the civil Court to decide the suit in expeditious manner and an endeavour should be made to decide the suit within time limit and the civil Court may also not grant unnecessary adjournments and try to decide the suit within a period of one year from the date of receipt of copy of this order. Accordingly, the present writ petition is disposed of.
(ASHOK KUMAR GAUR),J Ashish Kumar /369/84