AI Structured Summary
Not yet generated for this judgment
Judgment
Amitava Lala and D.K.Arora, JJ.
It has been contended by Dr. G.S.D. Mishra, learned counsel appearing for the appellant that the interim order which was passed exparte on the earlier occasion, has been vacated by the court below on contest from which, the appeal has been preferred before this Court. On the other hand, Mr. Nirvikar Gupta, learned counsel appearing for the respondents has contended before this Court that now the written statement has been filed and issues have been framed for hearing the suit. We have come to know that the suit is for permanent injunction, therefore, at the stage we do not find any cogent reason to interfere with the order impugned. We can only dispose of the appeal at the stage of admission by saying that the suit itself be decided as early as possible preferably within a period of 3 months from this date and both the parties will cooperate for the purpose of expeditious disposal of the suit. However, for the sake of balance of convenience, in case the same is not decided preferably within a period of 3 months and any prejudice if caused at the relevant time, then the appellant will be able to make an application, but at present we are not inclined to pass any interim order with the hope and trust that the suit will be decided within the time as stipulated above. Accordingly, the appeal stands disposed of, without any order as to cost.