LRS OF NANURAM Vs. GYANMAL & ORS.

JUDGEMENT

(1.) This appeal has been filed by the appellant plaintiff being aggrieved of the order dated 15.2.2007 passed by the learned Additional District Judge No. 2, Bhilwara in Civil Misc. Case No. 47/2006 whereby, the ' application for grant of temporary injunction preferred by the appellant under Order 39 Rule 1 and 2 C.P.C. was rejected.

(2.) The appellant filed a suit against the defendants seeking various reliefs in relation to certain agricultural lands. The suit was also accompanied with an application under Order 39 Rule 1 and 2 C.P.C. The learned Trial Court rejected the application by order dated 15.2.2007. Whilst entertaining the appeal filed by the appellant this Court after hearing the learned Counsel appearing for both the sides, by order dated 9.4.2007 directed the parties to maintain status quo. The order of maintenance of status quo was affirmed on 4.1.2010. In view of the long lapse of time, since the interim order of maintaining status quo was passed by this Court, this Court feels that the equity has shifted in the appellants' favour. Disturbing the position regarding the possession over the property after a period of more than 7 years since the parties were directed to maintain status quo, would not at all be justified. The matter before the Trial Court is going on at the stage of evidence of the plaintiff and it is reported that substantial evidence has been recorded. Thus, this Court feels that the ends of justice require that whilst directing the parties to maintain status quo regarding the suit property, the learned Trial Court should be directed to decide the original suit expeditiously.

(3.) Accordingly, the appeal is allowed. The impugned order dated 15.2.2007 passed by the learned Additional District Judge No. 2, Bhilwara is set aside. Now the parties shall maintain status quo regarding the suit property till disposal of the original suit. The Trial Court is requested to decide the original suit pending before it within a period of 1= years from the date of receipt of this order.