1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.1187/1999. Ram Lal. VERSUS Dhanna Ram and Others. 30.01.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Lokesh Sharma, for the appellant. ***** Matter comes up from the default side as the service upon the respondent No.2 has not been effected. The respondent No.2, as per the learned counsel for the appellant, is only the proforma respondent. In that view of the matter, the service upon the respondent No.2 is dispensed with. The matter was heard finally at the admission stage. This appeal has been filed against the judgment of the learned Additional District Judge dated 15.03.1999 on the application under Order 39 Rules 1 and 2 C.P.C. filed by the plaintiff-respondent by which the learned trial court has directed the parties to maintain status quo with regard to the possession of the land in dispute during the pendency of the suit. Learned counsel for the petitioner has submitted 2 that as per the report of the commissioner, the appellant was in possession and during the pendency of the suit, the appellant was dispossessed by the plaintiff and this fact has come on record in the report of the commissioner. So far as the above question is concerned, it is not in dispute that there was no application filed on behalf of the defendant-appellant for restoration of the possession on account of having been dispossessed by the plaintiff. Assuming that to be so, the appellant had the remedy under Section 6 of the Specific Relief Act also. In view of the above, there is no ground to interfere with the impugned order passed by the learned trial court on the application under Order 39 Rules 1 and 2 C.P.C. directing the parties to maintain status quo during the pendency of the suit with regard to the possession of over the property. In the facts and circumstances, since the order has remained in force since 1999, I find no good ground to interfere with the same at this stage. Consequently, the appeal as well as the stay application stand dismissed summarily. (DALIP SINGH),J. Solanki DS, Jr.P.A.