The Court held that when a writ petition challenges an ad-interim order while the main stay application under Section 212 of the Rajasthan Tenancy Act is pending before the trial court, the appropriate course is to direct the trial court to decide the application expeditiously.

Order

1. Present writ petition has been filed challenging the order dated 14.10.2025 passed by learned Revenue Appellate Authority, Barmer in an Appeal No.151/2025 (Ladhu Singh & Ors. vs. Pratap Singh & Ors.).

2. The said ad-interim order has been challenged on the ground that no revision petition against such interlocutory order is maintainable before the learned Board of Revenue and the said ad-interim injunction has been passed in a cursory manner.

3. Learned counsel for the respondent vehemently opposes the submissions made on behalf of petitioner and submits that the entire case, as setup by the petitioner, is based upon self-contradictory statements.

4. This Court finds that while issuing notices in the present writ petition, this Court vide order dated 17.10.2025 has stayed the effect and operation of the ad-interim injunction order dated 14.10.2025.

5. This Court is of considered opinion that, as a matter of fact, the order impugned before the learned Revenue Appellate Authority as well as the order challenged in present writ petition are in the nature of ad-interim order, whereas the main application, seeking stay, filed under Section 212 of the Rajasthan Tenancy Act is still pending consideration before the learned trial Court – S.D.O., Shiv, District Barmer. Any observations on merits if made by this Court is going to effect upon the adjudication of the main stay application.

6. In this view of the matter, this Court deems it appropriate to dispose of the present writ petition, while directing the S.D.O., Shiv, District Barmer to decide the pending application filed under Section 212 of the Rajasthan Tenancy Act expeditiously, preferably within a period of 45 days from the date of receipt of certified copy of this order.

7. Learned counsel for the petitioner as well as learned counsel respondent undertake before this Court that no unnecessary adjournments will be taken by the parties and efforts will be made by the parties to get the application filed under Section 212 of the Rajasthan Tenancy Act decided, within the time framed prescribed by this Court.

8. Learned trial Court is directed to decide the said application independently, strictly in accordance with law, without being influenced by any of the orders passed by this Court.

9. The interim order passed by this Court on 17.10.2025 shall remain in currency till final decision upon application filed under Section 212 of Rajasthan Tenancy Act.

10. It is made clear that this order shall not come in the way of consideration of the application already filed under Order 7 Rule 11 CPC.

11. Stay application and all other pending applications, if any, stand disposed of.