// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3917/2004 Municipal Board, Reengus, District Sikar and Another Versus Mohd. Sharif S/o Sh. Deen Mohammed and Another Date of Order ::: 29.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri K.N. Gupta, Counsel for petitioners None present for respondents #### By the Court:- Heard learned counsel for the petitioners. Plaintiff-respondent No.1 filed a suit for permanent injunction in the trial court in respect of the disputed property. An application for temporary injunction was also filed, which was dismissed by the trial court vide order dated 16th January, 2002. However, on an appeal filed by the plaintiff, the order passed by the trial court was set-aside and the application for temporary injunction filed by the plaintiff was allowed and it was directed that both the parties shall maintain the status-quo in respect of disputed property. Being aggrieved with the same, the defendants have preferred this writ petition challenging the order passed by the appellate court, in this writ petition. This court, vide its order dated 23rd June, 2004, issued notice to the respondents to show cause as to why this writ petition should not be admitted and disposed of at admission stage. In the meanwhile the operation of the impugned order // 2 // dated 13th February, 2004 passed by the learned Additional District Judge, Sikar (Annexure-5) was stayed. The interim stay order is operating till date. The plaintiff-respondent No.1 is not present in spite of service of notice. I have considered the submissions of learned counsel for the petitioner in the light of the impugned orders passed by both the courts below and, after considering the same, I find this case to be a fit one wherein the order passed by the appellate court is liable to be set-aside. Consequently, the writ petition is allowed. The impugned order dated 13th February, 2004 passed by the appellate court is set-aside. The trial court is directed to dispose of the suit itself preferably within a period of one year from the date of receipt of this order. A copy of this order may be sent to the trial court. There shall be no order as to costs. (Narendra Kumar Jain) J. //Jaiman// // 3 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Stay Application No.3370/2004 In S.B. Civil Writ Petition No.3917/2004 Municipal Board, Reengus, District Sikar and Another Versus Mohd. Sharif S/o Sh. Deen Mohammed and Another Date of Order ::: 29.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri K.N. Gupta, Counsel for petitioners None present for respondents #### By the Court:- In view of the order passed in the writ petition , the stay application, filed therewith, also stands disposed of. (Narendra Kumar Jain) J. //Jaiman//