Challenge is made to the order dated 30.01.2012 passed by the Learned District Judge on an application Exh. 6 in Regular Civil Appeal no. 49 of 2011, whereby he allowed the interim relief sought for by the present petitioner-original plaintiff whose Regular Civil Suit No. 305 of 1999 came to be dismissed by the trial Court.
In this petition, various issues have been raised, one of which is that the Learned District Judge, at the time of deciding interim application in the Regular Appeal has not given any independent finding and in absence of independent application of mind while confirming the order of the learned trial Court, it is urged that a good case is made out by the petitioner for this Court to interfere in the supervisory jurisdiction.
As can be noted from the order impugned, the Court has chosen not to give very elaborate reasons because it was an interim application which was being decided.
However, it has noted various judgments relied upon by the parties and concluded that there does not appear to be any violation of principles of natural justice prima-facie. Resultantly it chose not to grant any interim relief and there appears to be no ground to interfere on this count alone.
As regards other issues, which have been raised by the learned advocate challenging the order of the learned senior Civil Judge dismissing the Suit,they are not germane to decide this petition in as much as it is addressed against the interim relief denied by the Appellate Court where the main appeal is still pending before the district Court for adjudication.
At this stage, petitioner urges for expeditious hearing of the appeal. Petitioner shall be at liberty to approach the Appellate Court with such a request of expeditious hearing of the main Appeal and keeping in view the fact that the service of the petitioner is terminated and the suit filed in the year 1999 had culminated into dismissal in the year 2011, thus the cause of action being old, learned Presiding Officer, may be sympathetically consider such request. Accordingly, this petition stands disposed of in the above terms.
(Ms.
Sonia Gokani,J.) Deepak* Top