1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH AT JAIPUR ORDER Smt. Sada Kanwar & Ors. Vs. Additional Civil Judge (JD) and Judicial Magistrate, First Class (West), Jaipur City Jaipur (S.B. Civil Writ Petition No.5290/2010) Date of Order :- April 19, 2010 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.V.K. Mathur, for the petitioners. Aggrieved by the order dated 03.09.2009, passed by the learned Additional Civil Judge (Jr. Division) & Judicial Magistrate, First Class (West), Jaipur City, Jaipur, whereby an application moved by the petitioners for opening the locks of the property in dispute and giving the possession thereof to the petitioners has been dismissed, the petitioners have approached this Court. Mr. V.K. Mathur, the learned counsel for the petitioners, has contended that since the petitioners have been thrown out of the room and are being forced to live in a corridor, the petitioners are justified in approaching the trial court to direct that the locks of the room be opened and the possession thereof should be given to the petitioners. According to the learned counsel, the learned trial court has committed an error in rejecting the application. Heard the learned counsel for the petitioners and perused the impugned order. 2 In the impugned order, the learned trial court has clearly stated that it is a debatable issue as to who was in possession of the disputed property and who was thrown out of the disputed property. It is a matter of evidence which can only be marshalled out during the course of the trial. Therefore, according to the learned trial court, it could not possibly allow the application moved by the petitioners. A bare perusal of the impugned order dated 03.09.2009 clearly reveals that cogent reason has been given by the learned trial court. Hence, there is neither any perversity, nor any illegality in the impugned order. Thus, this petition is devoid of any merit. It is, hereby, dismissed. However, considering the fact that the petitioners are facing grave hardship, since allegedly they are living in the corridors, the trial court is expected to expedite this case and to decide this case as soon as possible. (R.S.CHAUHAN)J. Manoj Solanki-