1
S.B. Civil Misc. Appeal No.1556/2008
Smt. Bidami Devi & Ors. vs. Shantilal & Anr.
S.B. Civil Misc. Appeal No.1556/2008
Smt. Bidami Devi & Ors. vs. Shantilal & Anr.
Date : 12.11.2008
HON'BLE MR. PRAKASH TATIA, J.
Mr.HR Soni, for the appellants.
– – – – –
Heard learned counsel for the appellants.
The appellants have challenged the impugned order
dated 27.5.2008 passed by the Additional District Judge
(Fast Track) No.4, Jodhpur on the ground that the suit
filed by the plaintiff itself has no merit and the
plaintiff failed to prove his prima-facie case.
It is also submitted that the plaintiff is not in
possession of the property and the defendants have
raised the construction which is finding of fact
recorded and accepted by the trial court and by the
plaintiff. However, the trial court passed the order to
keep the status quo as per the commissioner’s report
dated 22.5.2008 and this order was passed on 27.5.2008.
It is submitted that the trial court has not passed any
2
S.B. Civil Misc. Appeal No.1556/2008
Smt. Bidami Devi & Ors. vs. Shantilal & Anr.
order holding the appellants guilty for raising any
construction after 22.5.2008 and before 27.5.2008.
It is also submitted that there is no manadatory
injunction for removal of construction. In view of the
above, the trial court’s order directing to keep status
which was on 22.5.2008, will cause various
complications and, therefore, this position may be
clarified so that there may not be any allegation of
violation of the order.
Since it is a matter relating to family dispute,
therefore, this Court is not inclined to interfere in
the impugned order and it is made clear that there is
gap of only 5 days between the appointment of
Commissioner and his submitting report and passing of
the impugned order by the trial court. In view of the
above, the order above is in fact is in the nature that
the defendants shall maintain status quo with respect
to the property in dispute with liberty to make any
repairing and finishing work and they have been
prevented from altering the property substantially by
making construction.
In view of the above reason, the trial court is
3
S.B. Civil Misc. Appeal No.1556/2008
Smt. Bidami Devi & Ors. vs. Shantilal & Anr.
requested to decide the suit expeditiously.
The appeal is disposed of with above observations.
(PRAKASH TATIA), J.
S.Phophaliya