1 S.B. CIVIL WRIT PETITION NO.377/2008 Krishan lal & Ors. vs District Judge, Sri Ganganagar & Ors. DATE OF ORDER : -18.1.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Hemant Jain,for the petitioner. <><><> Learned counsel for the petitioners vehemently submitted that in the facts of the case, the trial court's order dated 13th Sept., 2007 is absolutely illegal and the petitioners have challenged the said order by preferring appeal, which is the only proper remedy available to the petitioner. The petitioners requested the first appellate court to decide the appeal expeditiously but the first appellate court has not decided the appeal even when about three month's time has passed. It is submitted that petitioners, therefore, have challenged the order dated 13th Sept., 2007 by preferring this writ petition. Since the petitioners are availing the remedy, which is available under the Civil Procedure Code and that is the only remedy, therefore, this Court is not inclined to entertain the writ petition and otherwise also, there is no reason to entertain the writ petition. Hence, the writ petition of the petitioner is 2 dismissed. However, looking the grievance of the petitioner that under the garb of the stay, the respondents are raising construction it will be appropriate to direct the first appellate court to decide the appeal expeditiously and the first appellate court shall not grant unnecessary adjournments in the matter. Learned counsel for the petitioner submits that the next date given in the first appellate court is 22.1.2008. The first appellate court shall try to hear the appeal on 22.1.2008 itself and if it is not heard because of any reason then the appeal be heard on 31.1.2008 and the appeal may be decided in second week of Feb., 2008 itself. (PRAKASH TATIA), J. c.p.Goyal/-