1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.8220/2007 {Dhukal Versus The Civil Judge (Junior Division) & Others} Date of Order :: 20th August, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Anil Kumar Sharma for the petitioner Mr. Mohan Choudhary for the respondent no.2 Mr. G.K. Garg for the respondents no.3 and 4 BY THE COURT: Admit. Mr. Mohan Choudhary, advocate appears for the respondent no.2 and Mr. G.K. Garg, advocate appears for the respondents no.3 and 4. Respondent no.1 is only a formal party, therefore, its service is dispensed with. 2. Heard learned counsel for the parties. 3. The plaintiff-petitioner filed a suit for permanent injunction in respect of disputed property alongwith an application for temporary injunction. The case was fixed in the trial court on 15th June, 2007. The defendant was not present, therefore, an ex-parte order was passed. The trial court passed an interim injunction order restraining the defendant and to maintain the status-quo in respect of disputed property. Subsequently the respondents 2 no. 3 and 4 Shravan Lal and Pratap Singh filed an application under Order 1 Rule 10 and they were impleaded as defendants in the suit. The case was fixed on 24th September, 2007. The defendants no. 2 and 3, who are respondents no. 3 and 4 herein, prayed for grant of time to file reply to the application for temporary injunction. The trial court granted time to file reply to the application for temporary injunction but refused to extend interim injunction order passed on 15th June, 2007. Being aggrieved with the same, the plaintiff- petitioner has preferred the present writ petition. 4. This court issued notice to show cause to opposite party and passed an order of status-quo with regard to property in dispute on 24th October, 2007 and since then the interim stay order is being continued. 5. The learned counsel for both the parties admit that application for temporary injunction is still pending before the trial court. In these circumstances, I think it fit and proper to direct the trial court to decide the application for temporary injunction itself at the earliest and till then to continue the interim order of status-quo passed by this 3 Court. 6. Consequently, the writ petition is allowed. The trial court i.e. Civil Judge (Junior Division), Kishangarh, District Ajmer is directed to decide the application for temporary injunction as soon as possible but not later than one month from today and till then the order of status-quo passed by this Court shall continue till the application for temporary injunction is disposed of finally after hearing both the parties. 7. No order as to costs. 8. A copy of this order be sent to concerned court for compliance. (NARENDRA KUMAR JAIN),J. DK