[1] S.B.CIVIL WRIT PET. 15722/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R S.B. CIVIL WRIT PETITION NO.15722/2010 AAM JANTA, GRAM AMARGARH, PANCHAYAT SAMITI GANGAPUR CITY & ORS. Vs. CIVIL JUDGE(JUNIOR DIVISION), GANGAPUR CITY & ORS. Date: 15.12.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Ashok Mishra, for the petitioners. **** Heard the learned counsel for petitioners. The plaintiffs/petitioners have preferred this writ petition challenging the impugned order dated 16.11.2010 passed by the Civil Judge(Junior Division), Gangapur City, whereby interim prayer for temporary injunction has been refused. Submission of learned counsel for petitioners is that although reply to temporary injunction application had been filed by all the defendants, but still instead of deciding the temporary injunction application finally, the learned trial Court has refused interim prayer for grant of temporary injunction during pendency of the application for temporary injunction by [2] S.B.CIVIL WRIT PET. 15722/2010 speaking order, which is virtually deciding the temporary injunction application finally. He, therefore, prayed that the trial Court may be directed to decide the temporary injunction application finally on the next date i.e. 20.12.2010 fixed in the case. I have considered the submissions of learned counsel for petitioners and examined the impugned order dated 16.11.2010. It appears that the Presiding Officer of the Court concerned was on maternity leave, therefore, the file was placed before link Court. Since reply to temporary injunction application has been filed by all the defendants, it would have been more appropriate that temporary injunction application would have been decided finally. In these circumstances, I find force in the submissions of learned counsel for petitioners. Consequently, the writ petition is disposed of with a direction to Civil Judge (Junior Division), Gangapur City to decide the application for temporary injunction filed by the petitioners, finally, after hearing the parties on the next date i.e. 20.12.2010 or within a period of one week thereafter positively. [3] S.B.CIVIL WRIT PET. 15722/2010 It is needless to mention that the concerned Court will decide the application for temporary injunction without being influenced by its earlier order dated 16.11.2010. With the aforesaid observations and directions, the writ petition stands disposed of. (NARENDRA KUMAR JAIN),J. /KKC/ [4] S.B.CIVIL WRIT PET. 15722/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R S.B.CIVIL MISC. STAY APPLICATION NO.8227/2010 IN S.B. CIVIL WRIT PETITION NO.15722/2010 AAM JANTA, GRAM AMARGARH, PANCHAYAT SAMITI GANGAPUR CITY & ORS. Vs. CIVIL JUDGE(JUNIOR DIVISION), GANGAPUR CITY & ORS. Date: 15.12.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Ashok Mishra, for the petitioners. **** Since the writ petition itself has been disposed of, therefore, this stay application does not survive and the same stands dismissed. (NARENDRA KUMAR JAIN),J. /KKC/