CW 9016/2006-Gopalsingh Vs. Shri Dinesh Soni Judgment dt.5.10.09 1/2 S.B. CIVIL WRIT PETITION NO.9016/2006 Gopalsingh Vs. Shri Dinesh Soni Date of order : 5th October, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. V.D. Kalla for the petitioner. Mr. O.P. Boob for the respondent. ------- 1. This writ petition is directed against the order dated 10.10.2008 passed by the learned first appellate Court wherein the learned appellate court allowed the defendant's appeal and set aside the order of learned trial court dated 1.8.2008 whereby the learned trial court had restrained the defendant respondent Dinesh Soni from raising any construction on the disputed area of 10 ft. set back on the plot No.93 situated in Shyam Nagar Schme, Pal Link Road, Jodhpur. 2. Learned counsel for the petitioner submits that this Court while issuing notice to the respondent had directed vide order dated 18.11.2008 restraining the respondent from raising any further construction in front set back area of 10 ft. land in dispute and to maintain the status quo till next date of hearing. CW 9016/2006-Gopalsingh Vs. Shri Dinesh Soni Judgment dt.5.10.09 2/2 3. Learned counsel for the petitioner submits that this petition may be disposed of continuing the said order till the suit is decided by the learned trial court. 4. The learned counsel for the respondent only submits that this order should apply only to the front set back area of 10 ft. disputed in the suit. 5. The submission of the learned counsel for the respondent appears to be fair enough and, therefore, this writ petition is disposed of with direction that the learned trial court may proceed with the trial expeditiously and till the suit is decided by the learned trial court, the interim order granted by this Court on 18.11.2008 shall continue. 6. The writ petition is accordingly disposed of. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.51 babulal/