D.B. CIVIL SPECIAL APPEAL (WRIT) NO.696/2008 (Shiv Nath Singh Vs. Gordhan Das & Ors.) DATE OF ORDER : 15.12.2008 HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. S.P. Sharma for the appellant. Mr. G.R. Punia for the respondents. Mr. Rajeev Purohit for the respondent No.15. Heard learned counsel for the parties. Learned counsel for the appellant wants that the service of respondents No.13, 14 and 16 be dispensed with because they are simply the borrowers. Thus, the service on respondents No.13, 14, and 16 is dispensed with. Learned counsel for the appellant further submits that the writ petition has been filed at Jodhpur against the judgment and decree passed on 17.11.1990 (Annexure-14) by the civil court i.e. the District Judge, Jaipur, whereby, the appellants who are the auction purchasers have been affected by the interim order granted by the learned Single Judge, against which, this special appeal has been filed. We have perused the order of the learned Single Judge. The learned Single Judge has simply issued notice -2- to the respondents and directed that the status quo of the possession of the petitioners may be maintained and the auction of land comprised in Khasra No.21/2, if not already finalised may not be finalised till next date of hearing. Learned counsel for the parties submits that this stay has been confirmed. Learned counsel for the respondents also submits that they are the bonafide purchasers from the borrowers. Since, all these questions are to be decided by the learned Single Judge as to what will be the fate of the writ petition which has been filed at Jodhpur against the judgment and decree passed by the civil court i.e. the District Judge, Jaipur on 17.11.1990 (Annexure-14). Without expressing any opinion on this, we expect that the writ petition itself be disposed of at the earliest, preferably within a period of six weeks. With these observations, this Special Appeal is disposed of . (DEO NARAYAN THANVI), J. (A.M. KAPADIA), J. ms rathore