Full Judgment Text
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CASE NO.:
Appeal (civil) 1775 of 2006
PETITIONER:
SUBHASH VIJAY SINGH & ANR
RESPONDENT:
KUSUMLATA VIJAY SINGH
DATE OF JUDGMENT: 03/03/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO._1775 OF 2008.
(@ SLP(C)NO.20355/2006)
Leave granted.
Heard learned counsel for the parties.
This appeal is directed against an interim order passed by the
High Court of Judicature at Bombay on Civil Application No.1088/2006 in Appeal
from Order No.794 of 2006. At the time of issuance of notice on this special leave
petition, this Court passed the following interim order on 15.12.2006:
"In the meantime, operation of the impugned order of the
High Court is stayed. However, the Trial Court may
proceed to consider the interim application in which the
impugned order has been passed by the High Court,
uninfluenced by the observations made by the High Court
in the impugned order dated 27.11.2006."
contd...2/-
::2::
In view of the aforesaid order, we are of the view that only
order that can now be passed on this special leave petition is to continue the above
interim order till final disposal of the original application for temporary
injunction i.e. Civil Application no.1088/2006 in Appeal from Order No.794/2006
in Notice of Motion no.4152/2006 in S.C. Suit No.4585/2006. We are informed
that the said application would be listed for final disposal on 15th March, 2008.
That being the position, we direct the Trial Court to decide the said application
on merits positively on that day or within a period of fortnight from that date
without granting any unnecessary adjournment to either of the parties. The
Civil Appeal is accordingly disposed of with no order as to costs.