// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3388/2007 Deen Dayal Gupta S/o Ram Kunwar Gupta Versus Surajbhan Saini S/o Chhote Lal Saini and Others Date of Order ::: 28.07.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Pankaj Gupta, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. The plaintiff-petitioner filed a suit for declaration and permanent injunction in the trial court in respect of disputed way/veranda along-with an application for temporary injunction under Order 39 Rules 1 & 2 read with Section 151 CPC for removing the 'tandoor'. The trial court dismissed the application. Being aggrieved with the same, an appeal was preferred by the petitioner, which was partly allowed by the first appellate court restraining the defendants from interfering with the peaceful possession of the plaintiff by commercial activities. // 2 // Being aggrieved with the part of the order, the plaintiff has again filed this writ petition before this Court. During the course of arguments, the learned counsel for the petitioner contended that his suit is also for removal of 'tandoor' from the disputed place, therefore, in the interest of justice, the trial court may be directed to decide the suit itself expeditiously. After considering the submissions of learned counsel for the petitioner, I do not find any illegality, perversity or jurisdictional error in the impugned order so as to interfere with the same, however, I think it fit and proper in the interest of justice to issue directions to the trial court to decide the suit expeditiously. Consequently, the writ petition is dismissed with aforesaid direction. Cost is made easy. (Narendra Kumar Jain) J. //Jaiman//