After five years of pendency and grant of interim relief, the petitioner sought time to place on record on affidavit necessary documents including a copy of the plaint and the development agreement relied upon by him for the purpose of his arguments. It clearly appears that after grant of interim relief when the matter comes up for final hearing the petitioner has sought to stall hearing by first withholding necessary documents, not annexing them to the petition, and thereafter seeking time to supply necessary documents after obtaining certified copies thereof from the trial Court. On several earlier occasions hearing does not seem to have been attended at all by anyone on behalf of the petitioner. Such practice of prolonging hearing and pendency of the petition can only be deprecated. However, learned counsel submitted that he has recently been engaged to replace the earlier advocate of the petitioner. Therefore, the hearing is adjourned but interim relief granted in terms of paragraph 10 (C) is vacated.
(D.H.Waghela, J.) *malek Top