Mr. Teja Ram Choudhary vs Mr. R.J. Punia on 21 November, 2014

: S.B. CIVIL WRIT PETITION NO.10884/2013 Vachanaram Vs. Fua & Ors. Date of Order :: 21.11.2014 PRESENT HON'BLE MR. JUSTICE ARUN BHANSALI Mr. Teja Ram Choudhary, for the petitioner. Mr. R.J. Punia, for the respondents. ---- BY THE COURT:

This writ petition is directed against the order dated 05.08.2013 passed by the trial court, whereby, the application filed by the respondent under Order XLVII, Rule 1 CPC read with Section 152 CPC has been allowed.

By order dated 10.07.2013, the trial court passed ad-interim order, whereby, the petitioner-defendant was directed not to obstruct way from mark A to B in the map attached with the plaint, however, by order dated 05.08.2013 while reviewing/correcting the order passed on 10.07.2013, the trial court has ordered that instead of mark A to B, C to D could be read, resulting in, a change in order and the path, which was to be kept unobstructed.

The order dated 05.08.2013 passed by the trial court was ordered to be stayed by this Court on 04.09.2013, whereby, the effect and operation of the said order was ordered to be stayed. 2

Learned counsel for the parties submit that application filed by the respondent-plaintiff under Order XXXIX, Rule 1 & 2 CPC is still pending consideration and on acc