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Judgment
9 paragraphs · 343 wordsRekha Borana, J
The present appeal has been preferred against the order dated 06.04.2023 passed by Additional District Judge No.1, Barmer in Civil Misc. Case No.12/2023 whereby vide an ad-interim order, the parties had been directed to maintain status quo regarding the property in question.
In the appeal, vide the interim order dated 26.04.2023, the appellant-defendants were permitted to raise construction on the land in dispute in accordance with the permission as granted by the Municipal Council. Further, vide the said interim order, the appellant-defendants were directed to file an undertaking to the effect that if the suit is decided against them, they would not claim any right qua the constructed area. Further, the parties were restrained from alienating the property.
An application for vacation of the interim order dated 26.04.2023 has been preferred on behalf of the respondent-plaintiffs with the submission that the said interim order has been obtained while submitting total incorrect facts.
However, as the construction has now been completed, both the counsel agree that the present appeal be disposed of while making the interim order dated 26.04.2023 absolute with a direction to the Court below to decide the application under Order 39 Rules 1 & 2, CPC itself.
In view of the unanimous submission made by both the counsels, the interim order dated 26.04.2023 is made absolute. The learned trial Court is directed to decide the application under Order 39 Rules 1 & 2, CPC expeditiously, preferably within a period of six months from now.
It is made clear that the interim order dated 26.04.2023 which has been made absolute would operate only till the final disposal of the application under Order 39 Rules 1 & 2, CPC by the Court below. It is also made clear that that the Court below would not be affected by any of the findings/observations as recorded in the interim order dated 26.04.2023.
With the above observations, the present appeal stands disposed of.
Stay petition and all pending applications, if any, also stand disposed of.