1 S.B. CIVIL WRIT PETITION NO.5631/2007 Karman Investment Pvt. Ltd. vs ADJ, Nathdawara & Ors. Date of order : 28.11.2007 HON'BLE MR. PRAKASH TATIA, J. Mr. Vinit Sanadhya ] Mr. Rajesh Parihar ], for the petitioner. Mr. Yaswant Mehta, for the respondent. <><><> Heard learned counsel for the parties. In the proceedings under Order 39 Rule 1 and 2 CPC, the two courts below dismissed the injunction application of the plaintiff-petitioner, hence, this writ petition was preferred. This Court passed interim order directing the respondent not to demolish the construction of the petitioner. After going through the reasons given in the impugned orders, it appears that the two courts below committed error of law in refusing the injunction when construction has already been raised and there is prima facie case in favour of the plaintiff and the courts below could have granted order to maintain the status quo instead of permitting demolishing of the construction of the petitioner during the pendency of the suit in view of the facts of the case. 2 Therefore, the writ petition of the petitioner is allowed. Both the parties shall maintain the status quo with respect to the property in dispute till the decision of the suit. The trial court is requested to decide the suit expeditiously preferably within a period of one year from the date of receipt of copy of this order. The copy of the order be sent to the trial court. (PRAKASH TATIA), J. c.p.goyal/-