1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.3222/2008. Smt.Manjulata. VERSUS Murti Mandir Sh.Badri Narayan Ji. 25.03.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Sudesh Bansal, for the appellant. ***** Heard learned counsel for the appellant. The appellant in this appeal has challenged the judgment dated 15.03.20085 by which the learned appellate court while accepting the appeal and the application submitted under Order 41 Rule 27 C.P.C. remanded the case to the learned trial court for decision afresh in accordance with law after affording an opportunity to both the parties to be heard and if necessary to produce evidence in support thereof. It is not in dispute that the documents which have been enumerated by the learned appellate court were all there on the record of the learned trial court and all relate to the judicial proceedings of the various courts as well as the revenue record. 2 Learned counsel for the appellant frankly conceded that so far as the genuineness of the aforesaid documents is concerned, the same is not disputed. In the light of the above, since the learned appellate court has thought it proper and exercised the discretion in favour of the plaintiff-respondent by allowing the application under Order 41 Rule 27 C.P.C. in appeal and directed the learned trial court to afford an opportunity to the parties for leading evidence and deciding the suit afresh, I find no jurisdictional illegality having been committed by the learned appellate court while allowing the application and passing the impugned judgment dated 15.03.2008 setting aside the decree passed by the learned trial court dated 22.04.2009 and remanding the case for decision afresh in accordance with law. Moreover, nearly an year has passed since the order was passed and the suit has progressed before the trial court. In the light of the above, the appeal as well as the stay application are dismissed summarily. 3 Learned counsel for the appellant submits that the suit is an old one having been filed in the year 1984, directions may be issued to the learned trial court to decide the same expeditiously. In the facts and circumstances, it is directed that with the cooperation of the parties, the learned trial court would take steps to decide the suit, if not already decided, preferably within three months from the receipt of certified copy of this order. With the above observations, this appeal and the stay application stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.