MUKHTYAR AHMED Vs. MAINUDDIN

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 22.11.2010, by which, the learned trial court has decided application filed by the respondent No.1 Mainuddin under OrderXXXIX, Rule 1 and 2 CPC and has ordered for maintenance of status quo qua half portion of land ad-measuring 7 bigha comprising in Khasra No.442/4 situated at village Makrana. The order was passed in the year 2010 and no interim order has been granted by this Court.

(2.) IT is submitted by learned counsel for the appellants that though the appellants do not intend to further transfer the said property, still in view of the status quo order, they are not in a position to raise construction and, therefore, to this extent they are aggrieved by the order impugned. It is further submitted that the findings recorded while examining the prima facie case may affect the final out come of the litigation and, therefore, the order impugned deserves to be set aside.

(3.) CONSIDERING the overall facts and circumstances of the case, it is deemed appropriate and, therefore, ordered that the suit which is said to be pending before the Court of Additional District Judge, Parbatsar, District Nagaur be expedited and the trial court may conclude the said suit preferably within a period of one year.