47 D.B. CIVIL SPECIAL APPEAL (WRIT) NO.771/2006 Lala Ram & Ors. Vs. Ram Chandra & Ors. Date of Order :: 15th February 2010. HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.M.L.Bishnoi, for the appellants. Mr.R.S.Choudhary ) Mr.Sunil Mehta ) for the respondents. ..... BY THE COURT With the consent of the parties, the appeal is heard finally. This special appeal is filed by the respondents Nos. 2 to 6 of the Writ Petition No.41/2004 under Rule 134 of the Rajasthan High Court Rules against the interim order dated 11.09.2006 passed in aforementioned writ petition by learned Single Judge. By the impugned interim order passed in pending writ, the learned Single Judge has issued some interim mandatory directions against the Gram Panchayat who is one of the respondent in the writ. In our opinion, when the writ petition is pending for its final adjudication then it would not be proper on our part to express any opinion either way on the merits of the controversy. It is likely to cause prejudice to parties while prosecuting the writ on merits. In this view of the matter, we consider it proper to grant liberty to the appellant to approach the learned Single Judge for raising all his grievances including seeking modification of impugned order on any new facts. In the event the decision goes against the appellant in the writ, eventually then he shall be at liberty to challenge the said decision including the order impugned herein in the intra-court appeal. Subject to grant of aforementioned liberty, this appeal stands finally disposed of. No cost. s.soni (DINESH MAHESHWARI),J. (A.M.SAPRE),J.