IN THE HIGH COURT OF JUDIUCATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 8.12.2008. S.B. CIVIL WRIT PETITION NO.13138/2008 Rampal Vs. ADJ No.2, Ajmer & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri Manu Bhargava, for the petitioner. This writ petition has been filed against the order dated 4.11.2008 refusing to pass an interim order in favour of the petitioner and posted the case for hearing arguments on the stay application on 26.11.2008. The submission of the learned counsel for the petitioner is that as a result of not having passed the order on the application for stay and adjourning it by the impugned order running into five pages the learned appellate court has facilitated the auction of the plots in dispute and at the same time left the petitioner without any remedy other than to approach this court under Articles 226 and 227 of the Constitution of India for interim relief as, if no interim order is passed the appeal itself shall become a futile exercise. It is submitted that even on the adjourned date on 26.11.2008 the case was further adjourned to 27.1.2009 on the said application and the stay application has not been heard. It is submitted that in the meanwhile the respondents have proceeded to auction the plots. In the facts and circumstances of this case as submitted above the learned lower appellate court is directed to decide the stay application and/or the appeal pending before it on the next date. This writ petition is disposed of with the direction that the parties shall maintain the status quo with regard to property in dispute till 27.1.2009 which is the next date. The learned appellate court shall hear and decide the stay application and/or the appeal on the said date and in case the opposite party seeks an adjournment or the case is adjourned for any other reason not attributable to the petitioner the interim order shall be extended till the next date fixed by the appellate court. Liberty is, however, granted to the respondent or to any party effected by this order to approach this court by means of a misc. application for vacation/modification of this order if they are aggrieved. Subject to the above, this writ petition is disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS