SBCWP No.6855/2008 Kishore Mal & Pukh Raj & Osr. 1 SBCWP No.6855/2008 Kishore Mal & Pukh Raj & Ors. DATE OF ORDER : - 16.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Sandeep Shah, for the petitioner. Mr.MS Rajpurohit, for the respondents. <><><> Heard learned counsel for the parities. According to learned counsel for the petitioner the first injunction application is pending before the trial court and the trial court after obtaining report from the Municipal Board concerned observed that the construction sought to be raised by the petitioner is in consonance with the construction permission granted by the Municipal Board and, therefore, there is no reason to pass any interim order during the pendency of the injunction application. The said order of the trial court dated 31st May, 2008 has been challenged by the plaintiff by preferring the appeal, which was entertained by the first appellate court and by order SBCWP No.6855/2008 Kishore Mal & Pukh Raj & Osr. 2 dated 20th August, 2008, the first appellate court ordered to maintain the status quo for the property in dispute and that order was made effective till the decision of the main injunction application by the trial court. Learned counsel for the petitioner submitted that yet the injunction application has not been decided by the trial court and according to him after obtaining the order from the first appellate court, the plaintiff is delaying the decision of the application filed by him for grant of injunction in spite of the fact that petitioner's construction is in accordance with the construction permission granted by the Municipal Board. The trial court passed the order dated 31st May, 2008 and refused the interim relief during the pendency of the injunction application. The appellate court yet entertained the appeal and passed the interim order and that too, till the temporary injunction application decided by the trial court. In view of the facts of the case, it is clear that the SBCWP No.6855/2008 Kishore Mal & Pukh Raj & Osr. 3 main injunction application is pending before the trial court and there may be some observation of the first appellate court, which may adversely affect the decision of the injunction application, which may favour either of the party, therefore, it is directed that the trial court to decide the injunction application within one month from the date of receipt of the copy of this order by the trial court. The copy of this order be sent to the trial court by the office forthwith. The writ petition of the petitioner is disposed of accordingly. (PRAKASH TATIA), J. c.p.goyal/- SBCWP No.6855/2008 Kishore Mal & Pukh Raj & Osr. 4