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Judgment
Narendra Kumar Jain, J.—Heard learned Counsel for the appellant.
The plaintiff � appellant filed a suit for declaration, mandatory and permanent injunction against the defendants in the trial court in respect of disputed property alongwith an application for temporary injunction. The trial court issued notice of the application for temporary injunction. The defendants appeared on 29th April, 2008 and sought time for filing the reply. The learned trial court allowed the time to defendants to file reply to the application and fixed the case for reply to the application on 14th May, 2008. The counsel for the plaintiff contended before the trial court that interim injunction be passed till disposal of the application for temporary injunction but the same was refused by the trial court vide order dated 29th April, 2008. The said order is under challenge in this appeal preferred on behalf of the plaintiff.
Learned Counsel for the plaintiff contended that the plaintiff is in possession of the property in dispute, therefore, interim injunction order ought to have been passed in this case during the pendency of the application, therefore, order passed by the trial court be set-aside and injunction order be passed in the case.
I have considered the submissions of learned Counsel for the appellant and also examined the impugned order dated 29th April, 2008 passed by the trial court. The application for temporary injunction is still pending before the trial court and the impugned order is only an interim order refusing to pass any interim order in favour of the plaintiff. In these circumstances, I do not find any ground to interfere in the order passed by the trial court at this stage, but, at the same time, I think it fit and proper, in the interest of justice, to direct the trial court to decide the application for temporary injunction filed by the plaintiff � appellant within a period of one month from the date of receipt of the order.
With the aforesaid direction, the appeal is disposed of.
A copy of this order may be sent to the trial court i.e. Additional District Judge (Fast Track), Chomu, District Jaipur for compliance.
Consequent upon the dismissal of appeal, the stay application does not survive and it stands disposed of.