PRITHVIRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present petition has been filed by the petitioners-original plaintiffs challenging the order dated 23.10.2007 passed by the District Judge, Jaipur (hereinafter referred to as the "appellate court") in Civil Misc. Appeal No. 93 of 2007, whereby the appellate court has dismissed the said appeal and confirmed the order dated 19.9.2007 passed by the Civil Judge (JD), Jaipur District, Jaipur (hereinafter referred as the "trial court") in TI Application No. 221 of 2007.

(2.) HEARD learned counsel Ms. Aneeta Agarwal for the Petitioners. None is present for the respondents though the matter has been called out twice. The matter being very old, pending at the admission stage since 2007, the same is heard and decided finally.

(3.) HAVING regard to the submission of learned counsel for the petitionerS and to the impugned orders passed by the trial court as well as appellate court and also the order dated 13.9.2007 passed by the respondent No.2 Tehsildar, it appears that there are triable issues involved in the suit as to whether there was any Kadami Road passing through the land in question belonging to the petitioners or not and whether the respondent No.2 Tehsildar had any jurisdiction under section 251 of the Tenancy Act, 1955 to pass the order dated 13.9.2007. As such,the said issues could be decided only when both the parties are permitted to lead evidence in the suit, Since nobody has come forward on behalf of respondents and since the interim relief is operating against the respondents since 1.11.2007, it would be in the fitness of the case if the said interim relief is continued during the pendency of suit and if the suit is directed to be heard as expeditiously as possible.