1 S.B. CIVIL WRIT PETITION NO.5934/2010 Gurmeet Singh Vs. State of Rajasthan and Ors. DATE OF ORDER : 26.7.2010 HON'BLE MR. GOVIND MATHUR, J. Mr. V.K. Sharma, for the petitioner. Alongwith suit for permanent injunction, the petitioner also preferred an application as per provisions of Order 39 Rule 1 and 2 C.P.C. and that came to be rejected by the learned trial court on 7.5.2010. An appeal then was preferred wherein on 19.5.2010 an ex-parte interim order was passed to maintain the status quo relating to water course concerned and out-lets therein. An application was submitted by the defendant- respondent on 3.6.2010 for vacating the ex-parte interim order. Learned appellate court by order impugned dated 4.6.2010 accepted the application and refused to further extend the ex- parte interim order. The appeal is yet pending before the appellate court for consideration. 2 From perusal of the order passed by the learned appellate court it is apparent that after getting the ex-parte interim order, the plaintiff-petitioner was avoiding the proceeding just to get the interim order maintained. In the totality of the facts and circumstances of the case, I do not find any error in the order impugned that may warrant interference of this Court while exercising powers under Articles 226 and 227 of the Constitution of India. The petition for writ is accordingly dismissed. (GOVIND MATHUR)J. RM/