1.The appellant has by way of this Appeal from Order challenged the order dated 27th May, 1998 passed by Civil Judge (S.D.) Nadiad, below Exh.5 in Special Civil Suit No. 87 of 1998.
2.Heard the learned advocates for the respective parties and perused the relevant record. The Civil Judge (Senior Division), Nadiad on 27th May, 1998 had passed the following order :-
"On hitherto findings and reasons, ad interim injunction prayed for by the plaintiff firm is granted in the following terms:-
The defendants are hereby restrained from obstructing the plaintiff firm, its agents, servants & representatives, from lifting & of taking delivery of reject coals of the period of 1992-93, 1993-94 & of year 1994-95 weighting 80,080 (in words eighty thousand eighty Metric Tons Only), heaped at the Vanakbori Thermal Power Station; & restrained from permitting or allowing third party from lifting the said reject coals; & at the same time restrained from dealing any business or transaction of whatsoever nature touching to the said reject coals, with the third party.
The said ad interim injunction is granted upto the effect of the date 22nd June, 1998 subject to the compliance of the provisions of the Rule 1 (30) of an Order 39 of the Code of Civil Procedure, 1976.
Urgent showcause notice to both the defendants returnable on the date 22nd June, 1998.
The said ad interim injunction will come to an end on the date 22nd June, 1998, provided if it is extended till the disposal of the present application."
2.1.It appears that the Appeal from Order was filed on 3rd June, 1998 and an Application for preferring Appeal was granted 4th June, 1998. However, no order is passed on Appeal from Order and the matter is placed for admission today. Moreover, the Trial Court has granted stay only upto 22nd June, 1998 and the said order has lived its life. Thus, in view of that, the Appeal from Order has become infructuous and no order can be passed in favour of the appellant. It is made clear that if the Suit is not disposed of or if any order is operating against the appellant, it will be appropriate for the appellant to approach the Trial Court and shall point out the order passed by this Court in a writ petition preferred by the appellant.
3.In the premises aforesaid, the Appeal from Order stands disposed of as having become infructuous. Notice is discharged. No costs.
[K.S. JHAVERI, J.] /phalguni/