IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 13.4.2009. S.B. CIVIL MISC. APPEAL NO.2871/2006 Laxmi Narain Banjara Vs. Nanag Ram & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri Anil Kumar Sharma, for the appellant. Shri Anurag Sharma} Shri O.P. Sharma }, for the respondent. Heard learned counsel for the appellant. This misc. appeal has been filed against the order dated 18.8.2006 by which the learned trial court dismissed the application filed under Order 39 Rule 1 and 2 CPC by the plaintiff appellant. The matter does not require detail discussion at this stage as consideration on merits of the submissions in detail may prejudice the case of either of the parties at trial. This court vide its order dated 29.8.2006 while issuing notice had passed an an exparte interim order directing the respondent not to alienate the property in dispute and the said order has remained in force till date. In the facts and circumstances therefore as since the learned counsel for the parties admit that the evidence of the plaintiff at trial is nearly over, I do not propose to alter the aforesaid position existing under the interim order of this court passed exparte on 29.8.2006. Accordingly the interim exparte order is made absolute and the appeal is disposed of as above. The learned trial court is directed to hear and decide the suit pending before it preferably within one year from today. This order shall not influence the decision of the learned trial court which shall decide the suit on its merits. Subject to the above, the appeal is disposed of. The Registry is directed to return the record of the misc. case No.63/2005 to the learned trial court immediately. (DALIP SINGH),J. Ramchandrkhatri,PS