NAND KISHORE Vs. DISTRICT JUDGE AND OTHERS

JUDGEMENT

(1.) HAVING heard learned counsel for both the parties and carefully perused the relevant material on record including the orders passed by the learned trial court as also the appellate court, it is revealed that the plaintiff -petitioner filed a civil suit for permanent injunction together with an application for temporary injunction against the defendants -respondents in the Court of Civil Judge (Sr. Division), Uniyara. It is further revealed that both the petitioner and the respondent no.2 are the real brothers and have a dispute with regard to the property in question. The learned trial court having heard both the parties directed them to maintain the status -quo with regard to the property in question. The respondents -defendants preferred an appeal against the order dated 1st October, 2009 passed by Civil Judge (Sr. Division), Uniyara in the Court of District Judge, Tonk and the learned District Judge, on the basis of undertaking tendered by the respondents -defendants, allowed them to raise the construction and in the event of success of the suit of the plaintiff, to remove the construction at their own expenses. Aggrieved with this order, the plaintiff -petitioner has invoked extraordinary jurisdiction under Article 227 of the Constitution of India by way of filing the instant writ petition. 2. Since there happens to be a dispute between two brothers with regard to the property in question, I deem just and proper to direct them to maintain the status -quo, as it exists today, with regard to the disputed property till the suit is decided. The suit has bee pending since the year 2008, hence, keeping in view the delicacy of the relationship of the parties, I feel apposite to direct the learned trial court to decide the suit within a period of four months from the date of receipt of the order. Till the suit is decided, both the parties shall maintain the status -quo with regard to the property in question.

(2.) THE writ petition stands disposed of accordingly. Consequent upon the disposal of writ petition, the stay application, filed therewith, does not survive and that also stands disposed of.