1 CWP No.367/ 2008 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.367 of 2008. Superintendent, S.M.S. Hospital, Jaipur Versus Jaipur Zila Dugdha Utpadak Sahakari Sangh Ltd. and Another Date of Order : : : : 27/ 07/ 2009 Hon'ble Mr . Ju st ice Dalip Sin gh Mr. Anant Bhandari, Counsel for the Petitioner Mr. Harish Sharma, Counsel for the Respondents By the Court : Heard learned counsel for the parties. The respondents have filed an application bearing No.22797 stating therein that the order of temporary injunction, which was passed by the learned Court below was to the effect that the defendant be restrained not to dispossess the plaintiff from the premises in dispute without following the due process of law. The said order reads as under : “अूाथȸगण को जǐरये अः थायी िनषेधा£ा ताफैसला मूल वाद पाबंद Ǒकया जाता हɇ Ǒक वे ूाथȸ को ǒवव ◌ाǑदत कैÛ टȣन से अनुबंध अनुसार व ǒविधक ूǑबया अपनाये ǒबना कोई काय[वाहȣ नहȣं करे ।” 2 CWP No.367/ 2008 It is submitted by the respondents in the application that the defendants have issued notices to the respondents-plaintiff on 18.05.2009 and have initiated the procedure and proceedings for getting the premises vacated. In that view of the matter, it has been prayed that the writ petition has become infructuous and same may be disposed of as such. I have considered the application and perused the impugned order passed by the learned Court below. As has been quoted above, the learned Court below has passed an order of temporary injunction restraining the defendant-petitioner from dispossessing the plaintiff without following the due process of law in accordance with the procedure provided under the terms of the Contract and the relevant Rules etc., in that behalf. In the facts and circumstance of the present case, therefore, taking note of the facts mentioned in the application by the respondents, I deem it just and proper to confirm the order passed by the learned Court below and dispose of the writ petition in view of the facts stated by the respondents in the application. The petitioner having already started the proceedings by issuance of the notice would be entitled to complete the same in accordance with the law. 3 CWP No.367/ 2008 In view of the above, the application bearing No.22797 and the writ petition stand disposed of. ( Dalip Sin gh ) J. ashok/ 4 CWP No.367/ 2008