1 WP7308/2002 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. CIVIL WRIT PETITION NO.7308/2002 Gajanffar Ali through Lrs Versus Abdul Mukhtyar Chisty Date of order ::: February 19, 2008 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.G.P.Kaushik, for the petitioner Mr.R.M.Jain, for the respondents BY THE COURT By this writ petition, the petitioner has challenged the orders dated 5.1.2001, 7.6.99 and 15.3.1999 (Anx.3, 2 and 1) respectively whereby the application for grant of temporary injunction filed by the applicant-respondents No.1 and 2 was accepted by the S.D.O. against which appeals were filed before the Revenue Appellate Authority and the Board of Revenue respectively. Both the authorities have upheld the order of the S.D.O. dated 15.3.1999. Case of the petitioner is that respondent Nos. 1 and 2 had filed a suit before the S.D.O. along with an application for temporary injunction praying therein that the present petitioners be restrained from interferring in the land in question on the basis of the gift deed dated 30.3.1971.The present petitioners who 2 WP7308/2002 are defendant before the trial court submitted that the gift deed is fake and no possession was delivered to the respondents No. 1 and 2. The executor of the gift deed Nawab Ali was father of the petitioner leased out the said property to the Cr.P.F. Ajmer and possession of which was taken by him in the year 1978. Subsequently also, the property remained in their possession even after the death of Nawab Ali. Submission of counsel for the respondents is that the gift deed was duly executed and the mutation was also entered in his favour on 24.8.91 therefore, he has every right to enjoy the peaceful possession of the property. Further submission of the counsel is that the possession is with the respondents. I have gone through record of the writ petition and further considered rival submission of counsel for the parties. Since the present writ petition is arising out of the interim order therefore, any observation made by this Court may prejudice either party. Prima facie, it appears that even after execution of the gift deed the possession remained with Nawab Ali, therefore, I deem it proper that the status quo as it exists today be maintained during the pendency of the revenue 3 WP7308/2002 suit. The S.D.O. is directed to decide the same within a period of six months. In the result, the writ petition is allowed, the order passed by the S.D.O. dated 15.3.1999 is modified and the SDO is directed to decide the revenue suit within a period of six months. (PREM SHANKER ASOPA) J. गोपाल