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Judgment
Ravi S. Dhavan, J.—This writ petition, at the request of Petitioner was to be put alongwith the record of Second Appeal No. 497 of 1989; Smt. Mahmooda Begaum v. Hamidullah Khan.
The Petitioner is no other than the Defendant/oppositse party in the second appeal, aforesaid. He is Hamidullah Khan.
His grounds of objection in the writ petition are.
(I) Because the application for preparation of final decree during the pendency of the second appeal No. 497 of 1989 pending in this Hon''ble High Court, is misconceived and not maintainable.
(II) Because a stranger to the preliminary decree has no locus standi to move for preparation of final decree on the basis of a collusive separate decree.
(III) Because the final decree if prepared] cannot be executed as extraneous matter to the suit has been included in the application for the preparation of final decree.
(IV) Because the two courts below have acted arbitrarily and have passed illegal orders.
(V) Because the oral gift alleged to have been made in favour of Respondent No. 3 by the Respondent No. 4 is void ab initio for want of legal requirements under the Mobammadden Law.
The Court finds it strange that of late while a second appeal or first appeal is pending at the High Court, relating to the same matter, between the same parties and arising out of the same proceedings, for interlocutory reliefs, recourse to writ jurisdiction is being adopted, which in the opinion of the Court is an abuse in process of the Court, as it amounts to duplication and multiplicity of proceedings and this discretionary remedy of seeking a writ, is a jurisdiction which was not meant to saddle the High Court; with mote litigation than was necessary.
An appeal is a continuation of the suit. On any issue which the Petitioner desires to contend, he may do so by applying on the record of the pending second appeal. Thus, the Court refrains comment; on merits, suffice to say that this writ petition is certainly not maintainable. It is consigned to the record without having noticed any issue between the parties on merits.
Dismissed.