1 S.B. CIVIL WRIT PETITION NO.3496/2008. Kamla Devi & Anr. Vs. Civil Judge (S.D.), Parbatsar & Ors. Date of Order :: 29th May 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. C.P.Soni, for the petitioners. .... BY THE COURT: Consequent to the order passed in this case yesterday, i.e., 28.05.2008 that was Faxed to Court concerned, the Civil Judge (Senior Division), Parbatsar sent the report bearing No. 27 dated 28.05.2008 pointing out the reasons wherefor the orders dated 02.05.2008 and 09.08.2007 were not put into implementation earlier, including the reason that the concerned Assistant Nazir remained on medical leave. A further report bearing No. 28 dated 29.05.2008 has been received from the Court concerned that the Assistant Nazir has reported that the way in question has now been opened in compliance of the order dated 09.08.2007. This Court has already taken a serious view of the matter after noticing the facts that the mandatory injunction order passed as back as on 09.08.2007 that was affirmed by this Court in writ petition and then in special appeal was not implemented for long and then, the order passed by the Trial Court on 02.05.2008 for such implementation was attempted to be challenged on baseless grounds in this writ petition. 2 Yesterday, upon this Court expressing reservations on the attempt to over reach the process of law and expressing clear view that the order impugned deserves immediate implementation, learned counsel for the petitioner sought permission to withdraw this writ petition but such prayer was declined and required report was sought from the court concerned including the reasons for delay and default in compliance. As noticed above, reports now received ultimately make out that after this Court took serious view of the matter, the mandatory injunction order has been put into implementation. So far this writ petition is concerned, nothing further survives for consideration and is required to be rejected. However, it is noticed that the application for temporary injunction as moved under Order XXXIX Rule 1&2 CPC is pending and the Division Bench of this Court in SAW No.310/2008 has directed disposal of the said application within three months from 10.04.2008 and to decide the suit on priority basis. It shall be required of the learned Trial Court to carry out the requirements of the orders already passed by this Court; and it shall, of course, be permissible for the learned Trial Court to take into account the conduct of the present petitioners. The writ petition is rejected with the observations aforesaid. A copy of this order be sent to the Court concerned. (DINESH MAHESHWARI), J. s.soni