CW-7313/07- Gajanand Vs. Civil Judge (S.D.), Abu Road & Anr. Judgment dt.22.2.2010 1/2 S.B. CIVIL WRIT PETITION NO.7313/2007 Gajanand Vs. Civil Judge (S.D.), Abu Road, & Anr. Date of order : 22nd February, 2010 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. G.R. Kalla for the petitioner. Mr. J.L. Purohit for the respondents. ------- 1. On 1st April, 2008, learned counsel for the respondent Shri J.L. Puorohit had stated before the Court that the plaintiff- respondents would be advised to move appropriate application before the learned trial court for re-framing of the issues in appropriate manner so that the issue involved in the present writ petition as to whether the eviction suit filed by against the defendant-petitioner should be stayed in view of the pendency of S.B. Civil Misc. Appeal No.1417/2005 in which coordinate Bench of this Court on 1.9.2006 had granted stay in the following terms:- “Heard learned counsel for the parties on stay petition. Looking to the facts of the case, the respondent is restrained from alienating, mortgaging or letting out the CW-7313/07- Gajanand Vs. Civil Judge (S.D.), Abu Road & Anr. Judgment dt.22.2.2010 2/2 property in dispute in any manner and further, status quo be maintained by both the parties with respec;t to the property in dispute. SD/- (PRAKASH TATIA), J.” 2. Learned counsel for the respondents Mr. J.L. Purohit today states that though he has no latest instruction in the matter but according to the advice given so earlier, the issue might have been settled by the learned trial court on appropriate application filed by the plaintiff-respondents. 3. Accordingly, this writ petition is disposed of with liberty to the parties and the learned trial court to proceed with the trial after re-framing of the issues. Copy of this judgment be sent to learned trial court. [ DR. VINEET KOTHARI ], J. item No.79 babulal/