Under challenge is Ext.P7 order whereby the lower appellate court deferred the issue regarding hearing of petition for mandatory injunction filed by the petitioners so also prosecution petition. 2. The petitioners point out that these are all independent proceedings and they need to be individually dealt with and disposed of. There is no justifiable reason for the court below to have deferred the hearing of these petitions along with hearing of the appeal.
3. Learned counsel appearing for the respondents pointed out that there is no decree in favour of the petitioners as of now and the decree is in favour of the respondents. Therefore, the question of violation may not arise as of now. Anyhow, it is O.P.(C) No.2405/2014 2 pointed out that none of the issues have been considered so far and the lower appellate court only felt that the petitions can be heard at the time of hearing of the appeal.
4. After hearing both sides, it is felt that though it may look innocuous to say that the prosecution petition can be heard at the time of hearing of the appeal, in the facts and circumstances of the case, it appears that the court below is justified in deferring the issue. As rightly pointed out by the learned counsel for the respondents, there is no decree in favour of the petitioners as of now. Of course, there is a stay of operation of decree. What is the consequence thereof and the consequence of any act committed by the respondents are all matters to be considered by the court below. It can be taken note of only at the time of hearing of the appeal.
Therefore, there is no ground made out as of now to interfere with the order of the court below. This original petition is dismissed. However, it is made clear that since the court below has observed that the appeal is ripe for hearing, it may take up A.S.No.29/12 as early as possible and dispose it of in O.P.(C) No.2405/2014 3 accordance with law as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment.
Sd/-
P.BHAVADASAN JUDGE smp