-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B.Civil Miscellaneous Application No.106/2010 IN S.B. Civil Writ Petition No.4868 of 2007 Raj Kumar son of Shri Prahlad Rai Saini & Others V E R S U S Smt. Jyoti wife of Shri Raj Kumar Saini & Another Date of Order :::: 09/07/2010 Hon'ble Mr.Justice Dalip Singh Mr. S.K. Singodiya, Counsel for applicant-petitioners Mr. S.S. Rathore, Counsel for non-applicants *** PER COURT : Heard learned counsel for the parties on the application. This miscellaneous application has been filed for restoration of S.B. Civil Writ Petition No.4868/2007, which was dismissed by the Court vide order dated 05.02.2010 on the statement made by the learned counsel for the respondents as recorded in the order dated 05.02.2010 that the suit itself has been decied. As such the writ petition has become infructuous. Liberty was granted vide order dated 05.02.2010 by this Court that in case the aforesaid statement is found to be incorrect, the petitioners shall have a right to get the petition restored. This application has been filed along with the documents to show that the suit is still pending and, therefore, the writ petition may be restored. So far as the pendency of the suit is concerned, this fact is not disputed by the learned -2- counsel for the respondents and he submits that under the mistaken belief the counsel had made the aforesaid statement on 05.02.2010. Learned counsel for the petitioners submitted that the petitioners would be satisfied that intead of restoring the writ petition a direction be issued to the learned trial Court to decide the suit expeditiously as the application for grant of temporary injunction filed by the plaintiff- petitioners was rejected by the learned trial Court against which the writ petition had been filed. Learned counsel appearing for the respondents has no objection to the aforesaid order being passed. In the facts and circumstances, this miscellaneous application stands disposed of with the direction to the learned trial Court to take steps to decide the suit as expeditiously as possible preferrably within a period of 18-months from the date of filing of the certified copy of this order as the dispute is between the husband and the wife with regard to the immovable property. The miscellaneous application stands disposed of. (Dalip Singh),J. Ashok/