AAM JANTA BUTATI DHAM Vs. MAAN SINGH

JUDGEMENT

(1.) The matter comes up on an application under Order 39 Rule 4 of Code of Civil Procedure (CPC) preferred on behalf of respondent No.1 for vacation of the interim order dtd. 29/8/2018 whereby status quo as it existed on the said date was directed to be maintained. It has been submitted in the application that the interim order is being flouted by the appellants and therefore, the same be vacated.

(2.) Although the matter has been listed for hearing/orders on the stay petition, with the consent of learned counsel for the parties, the appeal itself has been heard finally.

(3.) The present second appeal has been preferred against the judgment and decree dtd. 24/1/2018 passed by the Additional District Judge, Merta in Civil Appeal No.141/2015 reversing the judgment and decree dtd. 26/9/2013 passed by the Civil Judge (Sr. Division), Merta in regular suit No.34/2008 whereby the suit for declaration and permanent injunction as preferred by the plaintiffs had been decreed.