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2017 DIGILAW 2586 (RAJ)

Ghamanda Ram S/o Late Shri. Goga Ram v. Board of Revenue for Rajasthan, Ajmer, Through Its Registrar

2017-11-24

NIRMALJIT KAUR

body2017
ORDER : NIRMALJIT KAUR, J. The prayer in the present petition is to set aside the order dated 27.12.2016 passed by the Board of Revenue in Appeal vide which the effect and operation of the order dated 1.12.2016 passed by the Revenue Appellate Authority in Appeal No. 66/2011 was stayed. 2. While praying for setting aside the said order, two arguments are raised. The first argument is that the respondent Multan preferred a second appeal before the Board of Revenue against the judgment and order dated 1.12.2016 passed in Appeal No. 66/2011 without challenging the basic judgment and decree passed in Revenue Appeal No. 65/2011 whereby the suit filed by respondent-Multan was dismissed. 3. The second argument is that the operation of the order dated 1.12.2016 has been stayed without considering this fact. 4. Learned counsel for the respondent has placed on record the certified copy of the appeal filed by them against the order and decree passed in Revenue Appeal No. 65/2011 as well as the order dated 15.3.2017 staying the operation of the decree passed in Revenue Appeal No. 65/2011. Thus, the first objection of the petitioner does not survive any more. 5. The second argument has no merit in view of the fact that the appeal is still pending before the appellate authority. The present writ petition has been filed against the interim order passed in the said appeal. This Court finds no reason to interfere in the said interim order during the pendency of the appeal. 6. The writ petition is accordingly dismissed. However, the appellate authority is directed to decide the appeal as expeditiously as possible.