1/2 S.B.CIVIL WRIT PETITION NO.3491/2008 (L.Rs of Gulab Nabi vs. ADJ, Parbatsar & ors.) DATE OF ORDER : 3/9/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.J.K.Bhaiya, for the petitioner. Mr.R.S.Choudhary, for the respondents. Learned counsel for the petitioner informs the Court that the suit filed by the respondent namely CM No.89/2004 and CM No.138/2004 have been decided by the learned trial court of ADJ (FT), Parbatsar on 10/7/2002 against which two first appeals have been filed by the present petitioners namely L.Rs. Of Gulab Nabi and others vs. Prabhu Ram & Ors. (CFS No.416/2009 & CFA No.417/2009) which are pending in this Court and were scheduled to be listed on 17/8/2009 as per the information supplied by Computer Cell of NIC. Said sheets are taken on record. Learned counsel for the petitioner, therefore, prays that the present writ petition arising out of the order dated 19/9/2007 by which the appellate court stayed the operation of the order dated 4/5/2007 of the learned trial court granting temporary injunction may also be disposed of with the direction to learned trial court to decide the suit itself expeditiously. 2/2 This Court while admitting the present writ petition had stayed the operation of the impugned order dated 19/9/2007 passed by the learned first appellate court in CAO No.29/2007 on 4/7/2008 and had directed the parties to maintain status quo of the disputed site, namely, the gap area measuring 70 x 231 ft. as stayed in the plaint. This submission of learned counsel for the petitioner is not opposed by the learned counsel for the respondents. In view of the fact that connected suit involving same dispute between the parties has been decided by the learned trial court on 10/7/2009 and first appeals against the same are pending in this Court, it is considered expedient to decide this writ petition also with a request to the learned trial court of Civil Judge (Sr.Div.) Parbatsar to decide the suit itself expeditiously preferably within six months from today. Till final disposal of the suit by the learned trial court, the interim order granted by this court on 4/7/2008 directing the parties to maintain the status quo of the disputed site shall continue. With these observations, the writ petition is disposed of. No order as to costs. (DR.VINEET KOTHARI), J. item no.26 baweja/-