1 S.B. CIVIL WRIT PETITION NO.3882/2005 Brij Mohan Vs.State of Raj. & Anr. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 21.8.2009. S.B. CIVIL WRIT PETITION NO.3882/2005 Brij Mohan Vs. State of Raj. & Anr. HON'BLE MR. JUSTICE DALIP SINGH Shri R.K. Agarwal, for the petitioner. Shri S. Zakhir Ali, Deputy Govt. Advocate. Heard learned counsel for the parties. Perused the impugned order. The writ petition arises out of an order passed by the learned lower appellate court an appeal against the order passed by the learned trial court which had partially passed an order for temporary injunction restraining the defendant from dispossessing the plaintiff. The order passed by the learned trial court was set aside by the order impugned dated 11.4.2005. This court after hearing the facts had passed an interim order in favour of the petitioner on 31.5.2005 and stayed the operation of the appellate order dated 11.4.2005. The effect of the aforesaid order is the order passed by the learned trial court has remained in operation during the pendency of this writ petition. The order dated 13.10.1999 passed by 2 S.B. CIVIL WRIT PETITION NO.3882/2005 Brij Mohan Vs.State of Raj. & Anr. the learned trial court reads as follows : '' ूाथȸ का अः थाई िनषेधा£ा का ूाथ[ना पऽ ǒवǾƨ अूाथȸगण आंिशक Ǿप से ः वीकार Ǒकया जाता हɇ और आदेश Ǒदया जाता है Ǒक मूल दावे के िनः तारण तक अथवा अिमम आदेश तक अूाथȸगण को वादमः त दकान पर से बेदखल करने ु , इसके कÞ जे मɅ हः त¢ेप करने मɅ अः थाई तौर से ूितबंिधत रहɅगे। परÛ तु इस आदेश से ूाथȸ के ǒवǾƨ कȧ जा रहȣ काय[वाहȣ धारा 90 {अ} राजः थान लैÖ ड रेवेÛ यू एÈ ट के तहत Ǒकसी भी Ǿप से ूभाǒवत नहȣं होगी और वह काय[वाहȣ ूाथȸ के ǒवǾƨ िनयिमत Ǿप से स¢म Û यायालय मɅ जारȣ रहेगी। खचा[ बाबत आदेश मूल दावे के िनः तारण पर Ǒदया जावेगा।'' The learned counsel was not in position to submit as to what has been the fate of the proceedings which were initiating under Section 90A of the Land Revenue Act 1956 reference of which finds mention in the order of the court below. Be that as it may the interim order passed by this court has remained in force during the pendency of the writ petition and has been informed by the Registry the next date before the learned trial court is 7.9.2009 for final arguments in the suit. Thus the trial is at the concluding stage. In that view of the matter this court is not inclined at this stage to decide the matter on merits as it may affect the right of the parties in the suit which must be decided on the basis of the material and evidence led by the parties during trial. The learned trial court is directed to decide the suit at the earliest without being influenced by the interim order of this court as this court is not expressing 3 S.B. CIVIL WRIT PETITION NO.3882/2005 Brij Mohan Vs.State of Raj. & Anr. any opinion on the merits of the issues raised. This writ petition and the stay application are accordingly disposed of by making the interim order of this court absoluted so as to last during the pendency of the suit. (DALIP SINGH),J. Ram Chandr Khatri PS