RAJESH KUMAR Vs. PREMCHAND

JUDGEMENT

(1.) This writ petition has been filed by the petitioner against the order dtd. 13/11/2020 passed by the Board of Revenue, Ajmer in Revision TA No. 4314/2020/Sikar.

(2.) Brief facts of the case are that the petitioner has filed a suit for partition and permanent injunction in the Court of Sub-Divisional Officer, Sikar and along with the said suit an application for temporary injunction was also filed by the petitioner in which the learned trial Court passed an ad-interim order dtd. 18/7/2019 directing the parties to maintain status quo. Being aggrieved by the order dtd. 18/7/2019, the respondents filed an appeal before the Revenue Appellate Authority which was dismissed by the Revenue Appellate Authority vide its order dtd. 6/3/2020. Being aggrieved by the order dtd. 6/3/2020, the respondents filed a revision petition before the Board of Revenue, Ajmer which was disposed of by the Board of Revenue vide order dtd. 25/8/2020 with the direction to the trial Court to finally decide the stay application within a period of 30 days, however, the stay application was not finally decided by the trial Court. According to the order sheets of the trial Court submitted by the counsel for the petitioner (Annexure-5) the matter could not be heard as the presiding officer was busy in other administrative work.

(3.) Thereafter, the respondents again filed second revision petition before the Board of Revenue challenging the ad interim stay order dtd. 18/7/2019 on the ground that the trial Court is not deciding the stay application finally, despite the specific directions given by the Board of Revenue in the earlier revision petition. The Board of Revenue vide order dtd. 13/11/2020 allowed the revision petition filed by the respondents and the ad-interim order dtd. 18/7/2019 was set aside and further directed the trial Court to decide the stay application within a period of one month.