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2021 Supreme(Raj) 321

GOVERDHAN BARDHAR
Mangla – Appellant
Versus
Narayan – Respondent


Advocates appeared:
Mr. Manoj Kumar Bharadwaj, Mr. Deshraj kalwania, for the Appellant; Mr. Siddharth Bapna, for the Respondent.

JUDGMENT

1. Heard learned counsel for both the parties.

2. Controversy involved in this writ petition is in connection with the temporary Injunction.

3. Learned counsel for the petitioners submits that in the appeal filed by the petitioners herein before the Revenue Appellate Authority, the Revenue Appellate Authority vide order dated 6.8.2019 passed an ad-interim status quo order. Against the order of Revenue Appellate Authority, respondents herein filed revision petition before the Board of Revenue. The Board of Revenue vide its order dated 15.10.2019, stayed the operation of ad-interim order dated 6.8.2019 passed by the Revenue Appellate Authority.

4. Perused the impugned order passed by the Board of Revenue and the material placed before the Court.

5. The suit is pending before the trial Court and the trial Court passed an ex-parte ad-interim stay order. The application filed by the plaintiff for temporary injunction is pending before the trial Court for final adjudication.

6. In the case of Vidya Devi and Others (supra), the Coordinate Bench of this Court in Para No.5 of the judgment held ad-infra:-

    "5. It is well settled that when a provision for an appeal is available, as in the in

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