1 1. S.B.CIVIL WRIT PETITION NO.3730/2007. 2. S.B.CIVIL WRIT PETITION NO.8052/2007. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER 1. S.B.CIVIL WRIT PETITION NO.3730/2007. Shahid Hussain and Others. VERSUS The State of Rajasthan and Others. 2. S.B.CIVIL WRIT PETITION NO.8052/2007. Head Master, Govt. Naveen Upper Primary School VERSUS State of Rajasthan and Others. 20.05.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.M.I.Beg, for the petitioner in CWP No.3730/2007. Mr.Hari Bareth, Dy.G.C. for petitioner in CWP No.8052/2007. Mr.Sudhir Kumar, for the respondents. ***** Heard learned counsel for the parties. Matter comes up on the applications No.12290 and 12291 submitted by the respondent for consolidation of both the writ petitions as the same relate to the same subject matter. With the consent of the parties, both the writ petitions have been heard on merits. A dispute with regard to which the suit has been filed pertain to a piece of land over which the plaintiff Shahid Hussain and Others claim a right of way which as per the defendants belongs to the respondent-State and over which the respondent-State wants to construct a hostel. 2 1. S.B.CIVIL WRIT PETITION NO.3730/2007. 2. S.B.CIVIL WRIT PETITION NO.8052/2007. Learned court below vide order dated 03.03.2006 passed the following order of temporary injunction:- "अपीलाण् ट Ʈारा ूः तुत यह अपील ः वीकार की जाती है एवं अिध. न् यायालय Ʈारा पािरत आलोच् य आदेश िद.27.1.2006 को अपाः त िकया जाता है । ूाथȸ अपीलाण् ट Ʈारा अिध.न् यायालय में ूः तुत अः थायी िनषेधा्ञा का ूाथर्नापऽ ः वीकार कर आदेश िदया जाता है िक उूाथȸगण ताफैसला वाद ूा.पऽ की मद सं.1 में विणर्त चतुथर् सीमाओं वाले मकान का एक माऽ उत् तर िदशा वाला राः ता बंद नहीं करें न ही उस मकान तक पहंचने का ु मुख् य राः ता बंद करें एवं इसमें कोई मदाख् लत नहीं करें न ही कोई िनमार्ण कायर् इस पर करें । ऐसा कृत् य न तो ः वयं करें न अपने िकसी ूितिनिध या एजेण् ट से करवायें । प¢कारान अपील å यय अपना अपना वहन करेंगे ।" It is not in dispute that the aforesaid order of injunction has remained in force since 2006 and there is no order of stay passed in the writ petition filed by the State against the aforesaid order passed by the learned lower appellate court. So far as the Writ Petition No.3730/2007 is concerned, the same, as per the learned counsel for the parties, also relates to the same subject matter. This court after hearing the learned counsel for the parties had passed an ex-parte interim order dated 25.09.2007 whereby the parties had been directed to maintain status quo with regard to the land in dispute. In the facts and circumstances of the present case, I deem it appropriate not to alter the status quo which was in existence, as per the order passed by this court on 25.09.2007 in Writ Petition No.3730/2007 and the order passed by the learned lower appellate court which is under challenge in Writ Petition 3 1. S.B.CIVIL WRIT PETITION NO.3730/2007. 2. S.B.CIVIL WRIT PETITION NO.8052/2007. No.8052/2007, which has been quoted hereinabove. In the facts and circumstances of the case, the status quo order is made absolute to last till the disposal of the suit. The learned trial court is directed to consolidate both the suits and decide the same preferably within a year from the receipt of the certified copy of this order. The parties are directed to cooperate with the learned trial court for early disposal of the suits failing which the State would be at liberty to approach this court for modification of this order. Consequently, both the writ petitions and the applications No.12290 and 12291 stand disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.