// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.1465/2007 Radhey Shyam S/o Shri Lallu Ram Versus Lallu Ram Saini S/o Shri Budha Ram and Others Date of Order ::: 11.08.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Sunil Kumar Singodiya, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. The plaintiff-petitioner filed a suit for declaration and permanent injunction in respect of the disputed property. It appears that the trial court passed an interim order of status-quo on 17th November, 2004 and subsequently the plaintiff filed an application for restoration of the possession of the disputed property on the ground that after passing of injunction order the defendants have taken the possession of the disputed property. The trial court has observed that both the parties are disputing their respective possession, therefore, this fact will be decided only on the basis of evidence as to // 2 // who was in possession on the date of passing of injunction order dated 17th November, 2004, and consequently dismissed the application of the petitioner for restoration of the possession at this stage. The reasons assigned by the trial court for rejecting the application of the plaintiff-petitioner are absolutely justified in the eye of law and no interference is called for in the said order. There is no merit in this writ petition and the same is accordingly dismissed in limine. (Narendra Kumar Jain) J. //Jaiman//