In this writ petition, the High Court, without delving into the merits of the underlying property dispute, directed the Appellate Court to decide the pending appeal expeditively within fifteen days.
Direction to Appellate Court to decide pending appeal within fifteen days and dismissal of the writ petition.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 407/2020
----Petitioners/Defendant No.4 to 5
Versus
----Respondents/Performa Respondent
For Petitioner(s) : Mr. Kapil Bardhar For Respondent(s) :
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
10/01/2020
This writ petition has been filed by the petitionersdefendants No.4 and 5 (hereinafter referred to as “the defendants”) with the following prayers:-
(I) the order dated 30.11.2019 (Annexure-5) passed by the lower court be quashed and set
(2 of 3)
[CW-407/2020]
aside and the order dated 13.12.2019 may kindly be modified to an extent of maintaining a status quo on the property in dispute.
(ii) Or in the alternative, the Appellate Court be directed to decide the appeal within a specified time frame and till then a status quo be maintained over the suit property.
Facts of the case are that the respondent-plaintiff (hereinafter referred to as “the plaintiff”) filed a suit for permanent and mandatory injunction. The Trial Court vide its order dated 30.11.2019 allowed the application for temporary injunction filed by the plaintiff and restrained the defendants to carry out the commercial activities from the property in question nor to raise any construction thereon. In addition to above, the defendants No.2 and 3 were directed to demolish the illegal construction raised by the defendants No.4 & 5 within one month from the date of passing the order dated 3011.2019.
Aggrieved therefrom, the defendants filed an appeal along with an application under Order 41 Rule 5 and Order 39 Rule 1 and 2 CPC before the Appellate Court. The Appellate Court vide its order dated 13.12.2019 stayed the operation of the order dated 30.11.2019 passed by the Trial Court qua mandatory injunction with regard to demolition of the illegal construction being raised by the defendants No.4 and 5. However, no stay was granted with regard to rest of the order dated 30.11.2019 passed by the Trial Court.
Hence, this writ petition:
Without going into merits of the case, only prayer made by the learned counsel for the defendants is that the Appellate Court be directed to decide the appeal pending before it expeditiously.
(3 of 3)
[CW-407/2020]
Having regard to the submissions made by the learned counsel for the defendants and taking into consideration the facts and circumstances of the case as also the prayer of the learned counsel defendants, the Appellate Court is directed to decide the appeal pending before it expeditiously but not later than fifteen days from the date of receipt of certified copy of this order.
The writ petition is disposed of accordingly.
(PRAKASH GUPTA),J
Mohit/24
1 issue framed by the court
Whether the Appellate Court be directed to decide the pending appeal expeditiously.
2 provisions across 1 enactments
Raghvendra Singh S/o Hanuman Singh Bhakal
Smt Santosh Bhakal W/o Hanuman Singh
Ravidutt Nuwal S/o Shri Brij Ballabh Nuwal
Hanuman Singh Bhakal S/o Prem Singh Bhakal
Nagar Parishad Bundi
Nagar Parishad Bundi Through President
Prakash Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
