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Judgment
Rekha Borana, J
The present appeal has been preferred against the order dated 16.09.2023 passed by the Additional District Judge, Makrana, District Nagaur in Civil Misc. Case No.53/2023 (CIS No.53/2023) whereby appellant defendant Jayram has been restrained from interfering with the mining activities as conducted by the respondent plaintiff.
Vide interim order dated 12.10.2023 as passed by this Court, the effect and operation of the order dated 16.09.2023 was stayed.
Learned counsel for the respondent submits that vide interim order dated 12.10.2023, the effect and operation of the order dated 16.09.2023 was stayed but because of the said order, the Court below is not proceeding deeming the said interim order to be an order staying the further proceedings. Learned counsel submits that the present appeal be disposed of while making the interim order dated 12.10.2023 absolute and the Court below be directed to proceed with the further proceedings and to decide the application under Order 39 Rules 1 & 2, CPC.
Learned counsel for the appellant fairly admits the above proposition.
In view of the submissions made, the present appeal is disposed of with the direction to the Court below to proceed on to decide the application under Order 39 Rules 1 & 2, CPC as preferred by the plaintiff after affording an opportunity of hearing to both the parties, preferably within a period of four months from now.
Till the application under Order 39 Rules 1 & 2,CPC is decided by the Court below, both the parties shall maintain status quo regarding the mining activities.
The stay petition and the pending applications, if any, also stand disposed of.