AI Structured Summary
Not yet generated for this judgment
Judgment
After hearing arguments for some time, learned counsel for the petitioner does not press the present appeal.
He, however, submits that the learned Trial Court may be requested to expedite the disposal of the suit in question and it be also made clear by this Court that the observations appearing in the impugned order dated 22.04.2025 are tentative in nature and would not influence the final disposal of the case.
Learned counsel for defendant No.2 appears on advance notice.
In view of the above statement, the present appeal filed by the plaintiff is dismissed, as not pressed.
However, at the same time, the learned Trial Court is requested to make best endeavour to dispose of the suit in question, as expeditiously as possible.
Needless to say, all the parties shall render due assistance and co-operation in this regard to the learned Trial Court.
Since the observations made in the impugned order dated 22.04.2025, whereby the application moved by the plaintiff under Order XXXIX Rule 1 and 2 CPC has been dismissed, is on the basis of taking a prima-facie view of the matter, the same shall not influence the learned Trial Court at final stage. The appeal stands disposed of in aforesaid terms.
Pending applications, if any, also stand disposed of.