-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.3551 of 2010 Smt. Gaindi Devi wife of Shri Ramnath VERSUS Additional District & Sessions Judge (F.T.) No.4, Jaipur City, Jaipur and Others Date of Order :::: March 16th 2010 Hon'ble Mr. Justice Dalip Singh Mr. Pratap Singh Sirohi, Counsel for the Plaintiff-Petitioner *** By the Court : Heard learned counsel for the plaintiff-petitioner. Being aggrieved by the order dated 18.12.2009 (Annexure-4) adjourning the case for arguments on the application for temporary injunction the learned trial Court posted the case for 06.01.2010. The plaintiff-petitioner being aggrieved on account of the order of the trial Court not having issued the interim order and adjourning the case for reply filed an appeal against the said order dated 18.12.2009 (Annexure-4). The learned Appellate Court – Additional District & Sessions Judge (Fast Track) No.4, Jaipur City, Jaipur vide order dated 06.03.2010 (Annexure-7) has dismissed the appeal. Hence, this writ petition. Admittedly, the learned trial Court has not decided the application for grant of temporary injunction and had -2- merely adjourned the case for reply on the temporary injunction application to 06.01.2010. In the facts and circumstances, therefore, it is directed that it would be open for the plaintiff-petitioner to argue his application for grant of temporary injunction on merits before the learned trial Court. The learned trial Court without being influenced in any manner by the order of the appellate Court dated 06.03.2010 shall decide the application on merits on the basis of the material placed before it. The writ petition stands disposed of as above. It would be open for the plaintiff-petitioner to apply to the learned trial Court for preponing of the date, if necessary. (Dalip Singh), J. Ashok/