1 D.B. Civil Special Appeal No.413/2009 Ratna Ram & Ors. vs Hara Ram & Ors. DATE OF ORDER : 27.1.2010 HON'BLE MR. PRAKASH TATIA,J. HON'BLE MR. DINESH MAHESHWARI,J. Mr. Rajesh Choudhary, for the appellant. <><><> Heard learned counsel for the appellant. The contention of the learned counsel for the appellant is that the learned Single Judge clearly held that no ground is made out to interfere with the order impugned in writ petition no.7462/2008 even then the learned Single Judge ordered that till the decision of the suit, the status-quo which was in existence on 10th Sept., 2008 – the date of filing of the writ petition before this Court shall be maintained and the land in question shall not be mutated in the name of any person till final decision of the suit. According to learned counsel for the appellant because of the order dated 12th Sept., 2008 passed by the learned Single Judge, the court may feel influenced while deciding the main suit and also submitted that the above order is coming in the way of the court in deciding the suit itself. We do not find any substance in the argument 2 advanced by learned counsel for the appellant. The order to maintain the status-quo as well as restrained order against the mutation has nothing to do with the merits of the case nor because of this order, the trial court may feel any difficulty in deciding the suit. It is clear from the order impugned dated 12th Sept., 2008 that this court directed the trial court to decide the suit within a period of 6 months from the date of order and learned counsel for the appellant frankly admitted that evidence of both the parties have already been completed and the suit is at final stage. This also clears the position that there is no difficulty for the trial court in proceeding with the suit as well as in deciding the suit. We also of the view that there is no observation in the order dated 12th Sept., 2008 which otherwise can influence the decision of the trial court in any manner. In view of the above, there is no merit in this appeal and the same is hereby dismissed. (DINESH MAHESHWARI), J. (PRAKASH TATIA),J. cpgoyal/-