Hearing finally, the Court directed the Revenue Court to decide the recalling application filed by JDA within 15 days while the status-quo order of 01.03.2023 remains in force.
Direction to Revenue Court to decide recalling application within 15 days; status-quo order remains in force.
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[2023/RJJP/005746]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 776/2023
----Petitioners
Versus
----Respondents
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
[2023/RJJP/005746]
[CW-776/2023]
(2 of 2)
05/04/2023
On the request and consent of counsel for both the parties, this matter has been heard finally.
Admittedly, the Revenue Court passed the order of status-quo on 24.08.1994, thereafter the matter was dismissed in default, however the same was restored by the Revenue Court vide order dated 06.12.2022 whereby the temporary injunction application was restored to its original number, as a consequence whereof the order of status-quo passed by the Revenue Court dated 24.08.1994 came into existence. Thereafter the respondent-JDA filed an application before the Revenue Court for recalling of the order dated 06.12.2022, which as informed, is still pending consideration before the Revenue Court.
In the facts & circumstances of the present case, this Court considers it appropriate to direct the Revenue Court to decide the application filed by the respondent-JDA for recalling of the order dated 06.12.2022 within a period of fifteen days after receiving a certified copy of this order. However, it is made clear that the petitioners if fail to argue on the aforesaid application, the Revenue Court shall finally decide the said recalling application independently on its merits, till then the order of status-quo passed by this Court vide order dated 01.03.2023 shall remain in-force. In case of any difficulty, either party would be at liberty to file application for revival.
With the above observations/directions, the writ petition stands disposed of.
(INDERJEET SINGH),J
JYOTI /49
Laduram S/o Late Moti and others
Jaipur Development Authority
Inderjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
