Counter affidavit filed on behalf of opposite party no.2 is taken on record.
Heard Mr. Suresh Chandra Shukla learned counsel for the petitioner and Dr. L.P.Misra, learned counsel for opposite party no.2.
Issuance of notice to opposite party no.3 is hereby dispensed with as he is formal party.
By means of the present writ petition the petitioner has challenged the order passed by the court of appeal whereby instead of entertaining the application for interim relief the appeal has been postponed for final hearing. I am informed that respondents have already put in appearance before the court below and all the misc. applications have also been disposed. Now the appeal is ripe for final hearing.
Keeping in view the date fixed before the execution court for execution of decree on 15.5.2010, I hereby dispose of the writ petition finally with the direction to the court of appeal to decide the appeal after providing opportunity of hearing to the parties concerned by day-to-day hearing. Since the petitioner as well as opposite party no.2 are represented through their counsels, they are directed to cooperate with day-to-day hearing of appeal.
with the observation/direction, the writ petition is disposed of finally.
10.5.10 GSY w.p.2704(M/S)/10 Copy of this order be given to the learned counsel for the parties today on payment of usual charges.
Order Date :- 10.5.2010 GSY