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Judgment
Honourable Mr. Justice Shailesh Kumar Sinha
Heard learned counsel for the appeallant and Mr. Gaurang Chatterjee, learned counsel for the respondents.
This appeal is directed against the order dated 17.04.2004 whereby the petition dated 04.08.2003 filed by the plaintiff under Order 39 Rule 1 & 2 read with section 151 of the CPC and the petition dated 02.09.2003 of the defendant 1st set u/s 3 & 4 of the Benami Transaction (Prohibiton) Act were rejected.
This Court as per paragraph 2 of the order dated 11.08.2004 directed as follows :
The parties are hereby prohibited by an ad interim order of injunction from alienating and/or disposing of and/or in any way encumbering or changing the nature and character of the suit property until further orders of this Court." At the bar it has been informed to this Court that evidence has been concluded and the case is now posted for final argument.
In this view of the matter, I am not inclined to interfere with the order under appeal or express any opinion on the merits of the matter. However, it is directed that let the suit itself be disposed of expeditiously preferably within a period of six months on receipt/production of the certified copy of the present order.
Till disposal of the suit, the aforesaid order of this Court as quoted above be maintained by all the parties.
The appeal accordingly stands disposed of.