Gurmel Singh S/o Late Mukand Singh v. Buta Singh S/o Sh. Baldev Singh
2019-12-19
DINESH MEHTA
body2019
DigiLaw.ai
JUDGMENT : 1. The present writ petition is directed against the ad interim order dated 21.10.2019, passed by the learned Board of Revenue, Ajmer, passed in an appeal against the order dated 11.10.2019. 2. Brief facts appertain to the present case are that in a suit filed under Section 88 of the Rajasthan Tenancy Act, 1955, before the Sub-Divisional Officer & Assistant Collector, Sriganganagar (hereinafter referred to as “the Trial Court”), the petitioner has filed an application for temporary injunction, which came to be allowed by the learned Sub-Divisional Officer vide order dated 07.10.2019. The respondent preferred an appeal before the Revenue Appellate Authority, against the order passed by the learned Sub-Divisional Officer, along with the stay application. Respondent’s stay application was rejected by the learned Revenue Appellate Authority vide its order dated 11.10.2019, where against the Boota Singh (respondent No.1 herein) filed a revision petition before the Board of Revenue, in which, by way of an ad interim order, the learned Board of Revenue directed the parties to maintain status quo and not to carry out any change in the record. 3. The present writ petition emanates from ad interim order passed by the Board below in the appeal filed by the respondent No.1 - Boota Singh. The stay application is pending consideration before the Board and the next date is 17.01.2020. 4. This being the position, this Court does not find it to be a fit case warranting interference under Article 227 of the Constitution of India. 5. The writ petition, so also the stay petition stands dismissed. 6. Having regard to the facts and circumstances of the present case, the learned Board of Revenue is directed to decide the stay application expeditiously on or before 28.02.2020.