IN THEHIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL WRIT PETITION NO.1911/2007 Bhagwati Prasad Vs. Pratap Nagar Niwasi Hitkar Samiti & Ors. 10.9.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri Devendra Sharma, for the petitioner. Heard learned counsel for the petitioner. This writ petition has been filed against the order dated 7.9.2006 passed by the learned lower appellate court allowing the appeal filed by the respondent against the order dated 1.10.2002 by which the application under order 39 rules 1 and 2 C.P.C. Filed by the respondent was dismissed by the learned trial court. The learned trial court has prima facie come to the conclusion that the land in dispute was part of the public park and as such has directed the parties to maintain the status quo during the pendency of the suit. I have considered the submission made by the learned counsel for the petitioner. However, I do not find any jurisdictional error having been committed by the learned lower appellate court as there are findings of fact though prima facie in nature which can not be interfered with the writ jurisdiction. Since the suit has been pending since 2002. The learned trial court is directed to proceed with the trial of the suit expeditiously. Subject to the above, this writ petition stands disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS