1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.2857/2008. Gram Panchayat, Shahpura. VERSUS District and Sessions Judge, Baran and Another. 02.02.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Ravi Kasliwal, for the petitioner. Mr.Vimal Kumar Jain, for the respondent No.2. ***** Heard learned counsel for the parties. The petitioner-Gram Panchayat has challenged the order passed by the appellate court granting temporary injunction in favour of the respondent in respect of the land described in Khasra No.608. Learned counsel for the petitioner has drawn the attention of the court to the Annexure-1, the judgment and decree passed by the revenue court where the learned revenue court while deciding the issue No.1 has given a finding that the land over which the plaintiff-respondent herein is seeking his declaration of right and injunction is not part of Khasra No.608 (Khasra No.442 old) which was allotted to the plaintiff. Learned counsel for the plaintiff- respondent, on the other hand, submitted that so far as the judgment and decree dated 23.03.2002 relied upon by the petitioner is concerned, the same is subject matter of 2 challenge before the learned Board of Revenue at Ajmer. Be that as it may, in case the plaintiff is aggrieved, the plaintiff is at liberty to approach the learned Board of Revenue by means of an application for grant of stay restraining the petitioner herein from raising construction over the land in dispute. Learned Board of Revenue, if an application for stay is filed by the respondent-plaintiff, is expected to decide the same in accordance with law without being influenced by the fact that the present writ petition has been allowed and that the order passed by the learned appellate court reversing the order of the learned trial court which has been passed in favour of the respondent-plaintiff has been set aside on the above limited ground. Consequently, this writ petition stands allowed, as above. (DALIP SINGH),J. Solanki DS, Jr.P.A.