Full Judgment Text
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CASE NO.:
Appeal (civil) 7287 of 2001
PETITIONER:
KALAWATI GUPTA & ORS.
RESPONDENT:
COMMITTEE OF MANAGEMENT, BALIKA U.M.VIDAYALAYA & ORS.
DATE OF JUDGMENT: 24/01/2008
BENCH:
A.K. MATHUR & ALTAMAS KABIR
JUDGMENT:
JUDGMENT
O R D E R
This appeal is directed against the order passed by the learned Single Judge of
the High Court of Allahabad setting aside the interim order passed by the trial
court under Order 39, Rule 1 of Code of Civil Procedure and confirmed by the
First Appellate Court, but set aside by the High Court in writ jurisdiction.
The Suit is of 1995 and the basic question that arises for consideration is
whether the appellants were appointed by the Committee of Management,
Balika Uchchatar Madhyamik Vidayalaya or not. This is not the stage to go
into the question whether they will be entitled to salary during this period or
not as the first question has to be decided whether they were appointed by the
Management in pursuance of the order or not. Therefore, we do not think that
these issues can be decided in these proceedings.
However, we direct that the trial court should decide the suit within a period of
six months from the date of the receipt of copy of this order. This will resolve
all controversies involved in this matter. The Trial court may proceed with the
matter and decide the same without being influenced by any observation made
in any of the orders passed by the courts below.
The appeal is accordingly disposed of.