Ms.Archana Acharya, learned advocate for the appellant, upon instructions, submitted that considering the facts and circumstances of the case, if this Court directs the trial Court to expedite the hearing of the suit and further directs the trial Court to dispose of the suit within a time limit to be fixed by this Court, the instant appeal, on merits, is not pressed.
Having considered the submissions advanced on behalf of the appellant, so also considering the fact that the dispute involved in the suit is old dispute, it would be in the interest of justice for both the parties, if the trial Court is directed to expedite the hearing of the suit and to dispose it of within the time limit that shall be fixed by this Court in this order.
Accordingly, the instant Appeal from Order stands disposed of with the specific direction to the trial Court to expedite the hearing of Special Civil Suit No.8 of 2011 and to dispose of said suit in accordance with law on the basis of the evidence that shall be led before it, on or before 31.12.2012. It is hereby made clear that in the instant order, no merits are examined and the trial Court shall be at liberty to hear and decide the suit on the basis of the evidence that shall be led before it, uninfluenced by any observations made by the trial Court in the order below temporary injunction application, Exh.5.
Since the Appeal from Order stands disposed of, the civil application for stay loses its survival value and also stands disposed of.
Registry is directed to communicate this order to the trial Court forthwith.
(J.C.UPADHYAYA, J.) (binoy) Top