The High Court will not interfere on merits if a prayer for ad interim relief is still pending before the Appellate Authority, instead directing the authority to decide the matter expeditiously in accordance with law.

Order

1. The present writ petition has been filed challenging the order dated 05.02.2026 passed by learned Revenue Appellate Authority, Jodhpur (hereinafter referred to as the ‘Appellate Authority’) whereby the learned Appellate Authority has refused to grant ad interim relief in favour of the petitioners in an appeal being filed challenging the order dated 07.01.2026 passed by the Court of Assistant Collector, Baap, District Phalodi (hereinafter referred to as the ‘trial Court’) rejecting the application of the plaintiffs-petitioners filed under Section 212 of the Rajasthan Tenancy Act, 1995 .

2. Learned counsel for the petitioners submits that once statutory appeal has been accepted and notices were issued, learned Appellate Authority ought to have granted ad interim relief in favour of the petitioners, otherwise the purpose of filing statutory appeal would be frustrated.

3. This Court finds that learned trial Court has passed a detailed order on 07.01.2026 and has observed that plaintiffs have failed to establish the issue of prima facie, balance of convenience and irreparable loss and based on said observation rejected the application filed under Section 212 of the Rajasthan Tenency Act, 1995.

4. A perusal of the order dated 05.02.2026 also shows that as a matter of fact the prayer for ad interim relief has not been rejected as such, however, it is stated that the same shall be considered after receiving the record of the learned trial Court.

5. This Court is of the considered opinion that since the prayer for ad interim relief/interim relief is still pending consideration before the learned Appellate Authority, no observation upon the merit of the case shall be made by this Court, therefore, the present writ petition deserves to be disposed of with a direction to the learned Revenue Appellate Authority, Jodhpur to decide the prayer of the petitioners for grant of ad interim relief/interim relief in a time bound manner in a pending Appeal No.40/2026, as it will subserve the ends of justice

6. Learned counsel for the parties have also consented for the same.

7. In view of the submissions made at bar and in view of the observations made above, the present writ petition is disposed of with a direction to the learned Revenue Appellate Authority, Jodhpur to consider and decide the prayer of the petitioners for grant of ad interim relief/interim relief as expeditiously as possible, preferably within a period of 45 days from the date of receipt of a certified copy of this order. The same shall be done without granting any unnecessary adjournments to either of the parties.

8. It is made clear that this order shall not be construed as directing learned Revenue Appellate Authority to consider and decide the prayer of the petitioners for ad interim/interim relief of the petitioners in any particular manner, but only in accordance with law.

9. Accordingly, the writ petition is disposed of

10. Stay application and all pending application(s) are also disposed of