IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRITS No. 5647 of 2003 KRISHNAKANT SHARMA V/S MUNICIPAL BOARD,RAWATSAR & ORS Mr. VIJAY AGGARWAL, for the appellant / petitioner Mr. RK SINGHAL, for the respondent Date of Order : 2.9.2004 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the parties. By the impugned order, the learned trial Court has purportedly decided issue no.9, and has also held that the issue is a mixed issue of law, and fact, and therefore, it would not be proper in the interest of justice to decide this issue at this stage. At the same time, in the next sentence, it has been said that the defendant has failed to prove this issue. In my view, the better course to be adopted is to set aside the impugned order, and direct the learned trial Court to decide this issue afresh along with all other issues, after the parties lead their evidence on all other relevant aspects of this issue as well, and without in any manner being obsessed by any of the findings recorded by this order dated 8.9.2003. The learned trial Court to expedite the trial of the suit. The writ petition is, accordingly, disposed of, the impugned order is set aside, and the learned trial Court is directed to decide this issue afresh along with all other issues, after the parties lead their evidence on all other relevant aspects of this issue as well, and without in any manner being obsessed by any of the findings recorded by this order dated 8.9.2003. The learned trial Court to expedite the trial of the suit. ( N P GUPTA ),J. /tarun/