Smt.Pravati Devi vs Mandir (Murti Shri Abhayeshwar … on 16 September, 2008

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            S.B.CIVIL REVISION PETITION NO.351/2006
                   DATE OF ORDER : 16/9/2008

             HON'BLE DR.JUSTICE VINEET KOTHARI

Mr.Ramit Mehta, for the petitioner.
Mr.Arjun Singh for the respondent no.3.


       This revision petition is directed against the order dated

15/6/2006, whereby, the learned trial court rejected the application

under Order 7 Rule 11 CPC of the defendant petitioner and held that

suit under Section 22 of the Rajasthan Public Trust Act, 1959 was

maintainable.

       This Court vide order dated 26/7/2007 vacating the interim stay

directed the learned trial court of the Assistant Commissioner,

Devasthan Department, Udaipur to decide the pending suit

expeditiously. On 15/9/2008, this Court granted time to Mr. Arjun

Singh, learned counsel for the Devasthan Department to ascertain the

status of the suit itself.

       Learned counsel informed the court that said suit no.182/2006

- Mandir (Murti Shree) Abhyeshwarnath & Anr. vs. Smt. Parvati

Devi and Anr. has not yet been decided and same is at the stage of

evidence.

       In the facts and circumstances of the case, this Court is not

inclined to interfere with the impugned order dated 15/6/2006 and
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this revision petition is disposed of with direction to the Assistant

Commissioner, Devasthan Department, Udaipur to decide the

aforesaid suit under Section 22 of the Act expeditiously not later than

six months from today.

      With these observations, this revision petition is disposed of.



                                         (DR.VINEET KOTHARI), J.

item no.35
baweja/-