IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 13.5.2009 S.B. CIVIL MISC. APPEAL NO.2583/2008 Surya Prakash @ Janvari Lal Vs. Kamal Kumar Jaion & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri Shishupal Singh, for the appellant. Shri S.M. Mehta, Senior Counsel assisted by Shri Anil Mehta, for the respondent No.1. Shri J.P. Gupta, for the respondent. The matter comes up on the application submitted by the respondent No.1 for vacation of the interim order dated 10.4.2009 by which it was directed that the parties would maintain status quo as exists today in respect of the property in dispute. The appeal has been preferred against the impugned judgment dated 19.5.2008 by which the application submitted by the plaintiff appellant under Order 39 Rule 1 and 2 CPC for grant of temporary injunction in a suit for cancellation of the decree, alleged to have been obtained by fraud was dismissed by the learned trial court. The appeal has already been admitted by this court vide order dated 18.8.2008 and the interim order came to be passed on S.B. CIVIL MISC. APPEAL NO.2583/2008 Surya Prakash @ Janvari LalVs.Kamal Kumar Jaion & Ors. 10.4.2009 as has been mentioned above directing the parties to maintain status quo. Learned senior counsel Shri Mehta appearing on behalf of the respondent No.1 decree holder submitted that the decree has already been executed and possession of the land has also been handed over to the decree holder but the decree holder is not able to reap the fruits of the decree despite the consideration amount having been paid for the purchase of land in question. He has thus submitted that on account of the interim order passed by this court the respondent No.1 decree holder would suffer irreparable loss as the land in question cannot be developed by the decree holder. During the course of hearing the learned counsel for the parties were in agreement that a direction may be issued to the learned trial court to decide the suit expeditiously and preferably with cooperation of the parties within a period of one year. During the aforesaid period the interim order dated 10.4.2009 may be ordered to be remain in force. In the facts & circumstances of the present case I am inclined accept the prayer of the learned counsel for the parties and direct the learned trial court that with the cooperation of the parties the learned trial S.B. CIVIL MISC. APPEAL NO.2583/2008 Surya Prakash @ Janvari LalVs.Kamal Kumar Jaion & Ors. court would take steps to decide the suit preferably within one year. The learned counsel for the plaintiff appellant has submitted that the written statement has been filed and plaintiff appellant would be in position to complete his evidence within three months. In the facts and circumstances the stay order dated 10.4.2009 is made absolute to last till the disposal of the suit. The learned trial court is directed to decide the suit preferably within a period of one year from the date already fixed. The application bearing No.12730, this misc. appeal and the stay application are accordingly disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS