1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.4788/2008. Kalu. VERSUS Chandra Mohan. 17.04.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Vimal Kumar Jain, for the appellant. Mr.Neeraj Sharma, for the respondent. ***** Heard learned counsel for the parties. Learned counsel for the appellant has contended that the plaintiff was claiming the right challenging the adoption and the Will made in favour of the defendant- appellant by the deceased Gopi. It is submitted that on the basis of the Will, the land was mutated in favour of the defendant-appellant. It is further submitted that the plaintiff had challenged the validity of the Will executed by the deceased Gopi in favour of the defendant-appellant and the learned trial court vide judgment and decree dated 25.11.2008 has dismissed the aforesaid suit and has upheld the Will in favour of the defendant-appellant. It is not in dispute that the aforesaid judgment and decree dated 25.11.2008 was not before the learned trial court when the impugned order dated 14.08.2008 was passed. 2 In the facts and circumstances, with the consent of the parties, the impugned order is set aside. The parties are directed to appear before the learned trial court on the next date and liberty is granted to the defendant-appellant to file a copy of the aforesaid judgment and decree dated 25.11.2008 before the learned trial court and the learned trial court is directed to decide the application filed for the grant of temporary injunction after taking into consideration the aforesaid judgment and decree dated 25.11.2008. Subject to the above, the appeal as well as the stay application stand disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.