The trial court should decide the pending suit expeditiously.

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Misc. Appeal No. 416/2016

Kailash Chandra S/o Shri Nema Ram, aged about 40 years, by

caste Mali, R/o Moti Sagar Nehda Bera, Sojat City, District Pali.

----Appellant

Versus

1. Gopal Ram S/o Shri Chunni Lal, by caste Mali Sankhla, R/o

Sojat City, Tehsil Sojat, District Pali.

2. Sohan Lal S/o Shri Gora Ram, by caste Ganchi, R/o Sojat City,

Tehsil Sojat, District Pali.

3. Legal representatives of late Shri Kuta Ram S/o Shri Gora

Ram:-

3/1. Smt. Sohani Devi W/o Late Shri Kuta Ram,

3/2. Shiv Lal S/o Late Shri Kuta Ram,

3/3. Manju D/o Late Shri Kuta Ram,

3/4. Rekha D/o Late Shri Kuta Ram,

All are by caste Ganchi, R/o Sojat City, Tehsil Sojat, District Pali.

4. Sheshkaran S/o Shri Sanwal Dan, by caste Charan, R/o

Bijaliyawas, Tehsil Sojat, District Pali.

5. Aarati Kanwar W/o Shri Priyawart Singh, by caste Charan, R/o

Khari Kallan, Tehsil & District Jodhpur.

6. Suraj Kanwar W/o Shri Ramdev Singh, by caste Charan, R/o

Khari Kallan, Tehsil & District Jodhpur.

----Respondent

For Appellant(s)

:

Mr. J.K. Bhaiya, through V.C.

For Respondent(s)

:

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

13/01/2022

The instant civil misc. appeal under Section 104 read with

Order 43 Rule 1 CPC has been filed by the appellant challenging

the order dated 30.09.2015 passed by the learned Addl. District

Judge Sojat, District Pali, by which the learned Judge while

allowing the application filed by the respondent No.1 under Order

(2 of 2)

[CMA-416/2016]

39 Rule 1 & 2 read with Section 151 CPC, has directed the parties

to maintain status quo.

Learned counsel for the appellant submits that by the

impugned order, the learned Court below has only decided the

interim application under Order 39 Rule 1 & 2 CPC and the main

suit is still pending. Therefore, he prays that the trial court may be

directed to decide the pending suit expeditiously.

Considering the facts that the present appeal is pending

since 2016 and the trial Court has only decided the interim

application by the impugned order and in view of limited prayer

made by the counsel for the appellant, this court deems it

appropriate to direct the trial Court to decide the suit pending

before it, if any, as early as possible.

The civil misc. appeal as well as stay application is disposed

of accordingly.

(MANOJ KUMAR GARG),J

2-Ishan/-