IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 24.4.2009. S.B. CIVIL MISC. APPEAL NO.515/2000 Hussain & Ors. Vs. Gulam Rasool @ Gulam Husain & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri O.P.Agarwal for Shri S.C. Gupta, for the appellants. Shri M.K. Jain, for the respondents. This misc. appeal has been preferred by the defendant appellant against the order dated 10.4.2000 passed by the learned trial court which allowed the application for grant of temporary injunction filed by the plaintiff in a suit for declaration and mandatory injunction filed by the plaintiffs. The learned trial court passed the following order : "अत: उपरोÈ त ǒव वेचन के आधार पर ूाथȸगण का ूाथ[ना पऽ य था ǔः थित कȧ सीमा तक ः वीकार Ǒकया जाकर मूल å यवहार वाद के िनण[य तक दोनɉ प¢ɉ को ǒववाǑदत सà पित कȧ बाबत यथा ǔः थित बनाये रखने का आदेश Ǒदया जाता है ।" The suit has been pending since 1988 and it is submitted by the learned counsel for the respondent that it is now fixed for final hearing of arguments and the trial is at the concluding stage. Learned counsel for the appellant submitted that the defendants are in SB CMA No.515/2000 possession of the property and therefore no order for temporary injunction could have been passed by the learned trial court. Having taken the aforesaid facts and circumstances as mentioned above into consideration and the fact that there is no interim order of this court in force I am not inclined to interfere with the impugned order in this appeal on the ground that the trial is now at the final stage of decision of the suit and any finding given by this court with regard to merits of the submission may prejudicially affected the rights of either of parties. However, while disposing of this appeal it is made clear that the earned trial court would decide the suit on the basis of the material and evidence on record placed by both the parties without being influenced by the fact of the dismissal of this appeal as this court has not expressed any opinion so far as merits of the submissions of the parties are concerned. In the facts and circumstances the appeal stands disposed of. The stay application also stands disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS