1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Revision Petition No.82 of 2009 Om Prakash son of Shri Gopi Lal Chauhan VERSUS M/s. Ganesh Property through its Partner Shri Vijay Kumar Kankariya son of Shri Kalyan Mal Ji Kankariya Date of Order :::: 29th January, 2010. Hon'ble Mr. Justice Dalip Singh Mr. Jai Prakash Gupta, Counsel for the Petitioner Mr. Raj Kamal Gaur, Counsel for the Respondents *** By the Court : Heard learned counsel for the parties. In this revision petition, the petitioner has challenged the order dated 09.07.2009 by which the application submitted by the defendant under Section 114 of the Transfer of Property Act,1882 in a suit for eviction filed under the provisions of the Transfer of the Property Act has been dismissed by the learned trial Court. During the course of hearing, the learned counsel for the parties submitted that the matter is ripe for final arguments before the learned trial Court and on account of the 2 interim order passed by this Court on 03.08.2009 the final arguments are not being heard. In the facts and circumstances of the present case, I am of the view that the revision petition at the stage challenging the order on the application under Section 114 of the Transfer of Property Act is not the proper remedy for the petitioner. In the facts and circumstances of this case as the suit is ripe for hearing, the petitioner-defendant must wait for the final decision in the suit and in case the needs arises, it would be open for the defendant-petitioner to raise these grounds in any appeal that may be filed against the decree passed by the learned trial Court at the instances of the defendant-petitioner. Subject to the above, this revision petition stands disposed of. The interim order of this Court dated 03.08.2009 stands vacated. The application submitted by the respondents for vacation of the ex-parte stay order also stands disposed of. (Dalip Singh), J. Ashok/