SBCSA NO.5871/2007 –RAM LAL . V/S ADDITIONAL DIST. JUDGE NO.2 AND ORS. . : JUDGMENT DTD.2.7.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.5871/2007 Ram Lal versus The Additional Dist. Judge No.2, Bhilwara. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.T.Gupta, for the petitioner. Mr.S.Sarupria, for the respondents. DATE OF JUDGMENT : 2nd July, 2008. JUDGMENT 1. Heard the learned counsel for the parties. 2. This writ petition has been filed against the order of the Appellate Court dtd.18.7.2007. SBCSA NO.5871/2007 –RAM LAL . V/S ADDITIONAL DIST. JUDGE NO.2 AND ORS. . : JUDGMENT DTD.2.7.2008 2/3 3. The learned counsel for the petitioner submits that the relief claimed against the impugned order is only to the extent of direction of the Appellate Court to remove the construction over the suit property made during the pendency of the suit at appellate stage though the learned trial Court by the order dtd.21.10.2005 appealed against had permitted such construction by rejecting the application for temporary injunction in the suit filed by brother of the present petitioner. 4. The learned counsel for the petitioner Mr. T.Gupta submits that the petitioner undertakes not to raise any further construction and to maintain status-quo of the suit property during the pendency of the suit, but removal of construction already made during the pendency of the suit would cause unnecessary destruction of the property and would not be conducive to either of the parties. 2. Accordingly, this writ petition is disposed of with a direction to the petitioner - defendant to maintain status quo of the suit property as it exists today during the pendency of the suit and the SBCSA NO.5871/2007 –RAM LAL . V/S ADDITIONAL DIST. JUDGE NO.2 AND ORS. . : JUDGMENT DTD.2.7.2008 3/3 learned trial Court is requested to decide the suit. With these observations, this writ petition is disposed of. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.18 Ss/-