1 S.B. Civil Misc. Appeal No.1556/2008 Smt. Bidami Devi & Ors. vs. Shantilal & Anr. S.B. Civil Misc. Appeal No.1556/2008 Smt. Bidami Devi & Ors. vs. Shantilal & Anr. Date : 12.11.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.HR Soni, for the appellants. - - - - - Heard learned counsel for the appellants. The appellants have challenged the impugned order dated 27.5.2008 passed by the Additional District Judge (Fast Track) No.4, Jodhpur on the ground that the suit filed by the plaintiff itself has no merit and the plaintiff failed to prove his prima-facie case. It is also submitted that the plaintiff is not in possession of the property and the defendants have raised the construction which is finding of fact recorded and accepted by the trial court and by the plaintiff. However, the trial court passed the order to keep the status quo as per the commissioner's report dated 22.5.2008 and this order was passed on 27.5.2008. It is submitted that the trial court has not passed any 2 S.B. Civil Misc. Appeal No.1556/2008 Smt. Bidami Devi & Ors. vs. Shantilal & Anr. order holding the appellants guilty for raising any construction after 22.5.2008 and before 27.5.2008. It is also submitted that there is no manadatory injunction for removal of construction. In view of the above, the trial court's order directing to keep status which was on 22.5.2008, will cause various complications and, therefore, this position may be clarified so that there may not be any allegation of violation of the order. Since it is a matter relating to family dispute, therefore, this Court is not inclined to interfere in the impugned order and it is made clear that there is gap of only 5 days between the appointment of Commissioner and his submitting report and passing of the impugned order by the trial court. In view of the above, the order above is in fact is in the nature that the defendants shall maintain status quo with respect to the property in dispute with liberty to make any repairing and finishing work and they have been prevented from altering the property substantially by making construction. In view of the above reason, the trial court is 3 S.B. Civil Misc. Appeal No.1556/2008 Smt. Bidami Devi & Ors. vs. Shantilal & Anr. requested to decide the suit expeditiously. The appeal is disposed of with above observations. (PRAKASH TATIA), J. S.Phophaliya