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Judgment
Caveat No. 964/2011
Counsel as above appears for the caveators/respondents and hence the caveat is discharged.
CM. No. 19601/2011
31 days delay in filing the appeal is condoned.
CM. No. 19600/2011
Allowed, subject to just exceptions.
FAO(OS) 513-514/2011
Learned Counsel for the appellant states that since evidence has been directed to be recorded and was being recorded and at that stage the ex parte ad interim injunction in favor of the appellant has been vacated, vide impugned order dated 4.7.2011, the appellant would not press the appeal if the Division Bench would make an observation and issue one direction.
The observation sought from us is that notwithstanding the conclusive and determinative words used by the learned Single Judge while deciding an interim application, it may be clarified that the same are just a prima facie expression of an opinion by the learned Single Judge on the subject: Whether the appellant would be entitled to an interim injunction in that the final judgment would be with reference to the evidence led.
Needless to state, the law is settled. Reflecting upon the facts at an interim stage, any expression of opinion by a Court, is always treated as a prima facie opinion, for the reason the final opinion has to be expressed with reference to the evidence led and facts proved. Thus, we clarify that observations/opinions recorded in the impugned order dated 4.7.2011 shall be treated as a prima facie reflection on the dispute by the learned Single Judge and that the final decision in the suit would be with reference to the evidence led.
The direction which is sought is to conclude the suit as expeditiously as possible and preferably within 6 months from today.
Mr. Ved Prakash Sharma, learned Counsel for the respondents, points out that the evidence of the appellant/plaintiff has been closed and the defendants have filed an application seeking dismissal of the suit with reference to Order 17 of the Code of Civil Procedure. But, learned Counsel simultaneously informs that the appellant/plaintiff has filed an application praying that the order closing appellant''s/plaintiff''s evidence be recalled and an opportunity be granted to lead evidence.
Thus, disposing of the appeal by recording that the same has not been pressed, we express a request to the learned Single Judge that the two applications, one filed by the plaintiff and the other by the defendants, which have a bearing on the order closing evidence of the plaintiff be decided urgently preferably before the winter recess and if plaintiff is granted an opportunity to lead evidence, endeavor would be made to dispose of the suit preferably before the ensuing summer vacations of the year 2012.
The appeal stands disposed of as not pressed, with the observation as above with further observation that if the subject property is sold by the respondents pending disposal of the suit, information thereof would be given to the learned Single Judge by filing an application containing disclosure of the particulars of the sale within a week of the sale being made and that the said sale would be subject to further orders which may be passed and no equities would be created in favor of the purchaser.
No costs.
C.M. No. 19599/2011
Dismissed as not pressed.