Writ petition against Board of Revenue rejection of revision challenging RAA order partly allowing appeal against SDO interim status quo order. Court found the automatic-vacation direction inconsistent with CPC and quashed that portion only.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1297/2025
Gopal Son Of Shri Nanu, R/o Village Nedliya, Tehsil Pushkar, Distt. Ajmer.
----Petitioner
Versus
(2 of 4)
[CW-1297/2025]
R/o Kanvlai, Tehsil Pushkar, Distt. Ajmer.
----Respondents
| For Petitioner(s) | : Mr. Shrey Gaharana |
|---|---|
| Mr. G.K. Sharma | |
| For Respondent(s) | : |
JUSTICE ANOOP KUMAR DHAND
Order
11/07/2025
[CW-1297/2025]
(3 of 4)
emptory order. Counsel submits that as per the provisions contained under the aforesaid Order of the CPC, it is incumbent upon the concerned to make all possible endeavours to decide the stay application and the application submitted by the other side under Order 39 Rule 3-A of the CPC within a period thirty days, but such directions in per-emptory form cannot be issued, hence, interference of this Court is warranted.
[CW-1297/2025]
(4 of 4)
stands vacated automatically, such direction passed by the RAA is not in consonance with the provisions of CPC.
(ANOOP KUMAR DHAND),J
KUD/12
1 issue framed by the court
Whether the RAA could direct that an interim status quo order stands vacated automatically if the Order 39 Rule 3-A CPC application is not decided within thirty days.
2 provisions across 1 enactments
Gopal
Smt. Kamladevi
Madansingh
Shankarsingh
Kishansingh
Mahendra Singh
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
