1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. S.A.W. No.859/2009 Smt.Patience @ Asha Vs. Smt.Milicent & Ors. Date of order : 24.2.2010 HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr. R.S.Mankad, for the appellant. <><><> This is a writ appeal under Rule 134 of the Rajasthan High Court Rules. It is filed by the appellant, against the order, dated 8.9.2009 passed by the Single Judge in Writ Petition No. 6983/2005 whereby the learned Single Judge was please to dismiss the writ petition of the appellant filed against an order dt. 6.5.2005 passed by the trial court in pending civil suit which resulted in rejecting of an application made by appellant (defendant) under O. 14 Rule 5 C.P.C. 2. We find no case to interfere in such intrim orders at this stage in intra court appeal which really does not decide the rights of parties. We, therefore, do not wish to consider the merits and demerits of the controversy in the suit and in the writ petition arising therefrom. 3. In our opinion, the remedy of the appellant (defendant) is to challenge the impugned order of trial court, impugned in the writ if occasion so arise, in appeal if he is required to file against the final judgment and decree that would be passed in pending suit by the trial Court. It may be that such 2 occasion may arise or may not notwithstanding the dismissal of application in question. If however, occasion so arises then in such event, the remedy to challenge is always available to the writ petitioner(appellant). As observed supra, since the interlocutory orders do not decide the rights of the parties, hence, no interference is called for in the intermediary period at this stage. 4. It is with this liberty, we decline to interfere and dismiss the writ appeal in limine. 5. A copy of this order be sent to concerned trial court by the Registry for information and record of the suit. (DINESH MAHESHWARI ),J. (A.M.SAPRE ),J. /Sushil/