1 S.B. Civil Misc. Appeal No.1287/2006 Vijay Singh. vs. Bharat Singh. S.B. Civil Misc. Appeal No.1287/2006 Vijay Singh vs. Bharat Singh. Date : 15.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.V Vishnoi, for the appellant. Mr.Shambhoo Singh, for the respondent. - - - - - Heard learned counsel for the parties. The appellant submitted application for setting aside of the abatement of appeal by moving application under Order 22 Rule 9 CPC and application under Order 22 Rule 3 CPC as also an application under Section 5 of the Limitation Act. According to learned counsel for the appellant, appellant Vijay Singh died on 7.10.2007 leaving behind four legal representatives named in the application. According to learned counsel for the appellant, due to the reasons mentioned in the above application, there was some delay in moving the application for bringing the legal representatives on record. 2 S.B. Civil Misc. Appeal No.1287/2006 Vijay Singh. vs. Bharat Singh. Learned counsel for the respondent submitted that he has no objection if the abatement is set aside. In view of the above, the delay in filing the application is condoned, the abatement is set aside and the legal representatives of the deceased appellant Vijay Singh are taken on record. Amended cause title has already been filed and the same be taken on record. Heard learned counsel for the parties finally. The appellant submitted an application for grant of interim injunction which was denied by the trial court vide order dated 28.7.2006. This Court vide order dated 12.9.2006 granted interim order to maintain status quo with respect to the property in dispute. This order dated 12.9.2006 has already been confirmed on 17.7.2007 and this Court directed the trial court to decide the suit expeditiously. Looking to the facts of the case, this appeal is disposed of with a direction to both the parties to maintain status quo with respect to the property in dispute during the pendency of the suit. The trial court has already been directed to 3 S.B. Civil Misc. Appeal No.1287/2006 Vijay Singh. vs. Bharat Singh. decide the suit expeditiously vide order dated 17.7.2007, therefore, the trial court is again directed to decide the suit expeditiously preferably within a period of one year from the date of receipt of the copy of this order, which may be supplied by legal representatives of the appellant before the trial court. (PRAKASH TATIA), J. S.Phophaliya