Full Judgment Text
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CASE NO.:
Appeal (civil) 6312 of 2001
PETITIONER:
Kashimath Samsthan & Anr
RESPONDENT:
Srimadh Sudhindra Thirtha Swamy
DATE OF JUDGMENT: 14/02/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO. 6312 OF 2001
1. This appeal is directed against an interim order granted by the High
Court of Andhra Pradesh at Hyderabad in CRP No. 1641/2001. On 10th
September, 2001, while granting leave in the S.L.P., the following interim
order was passed by this court:
"Meanwhile the judgment under challenge shall remain
stayed. However, if the respondent has any apprehension
regarding embezzlement of fund or want to worship the deity
or further safeguard of the deity, it will be open to him to
move the trial court."
The learned counsel appearing for the parties submitted before us that
the pending suit in respect of which the interim order was granted and stayed
by this court on 10th of September, 2001 is likely to be disposed of within a
period of 2 months from this date. Since the interim order, which was
challenged in this appeal and stay of that interim order was granted by the
court on 10th of September, 2001, is continuing even today, we feel it proper
to dispose of this appeal by directing the trial court to disposee of the
pending suit within two months from the date of supply of a copy of this
order to the trial court where the suit is now pending without granting any
unnecessary adjournment to either of the parties. The interim order that was
passed on 10th of September, 2001 and is continuing shall continue for a
further period of 4 months from this date or till the disposal of the suit,
which ever is earlier. The appeal is thus disposed of without any order as to
costs.