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Judgment
Learned counsel for the petitioner as well as respondent nos. 13, 24 and 25 are present. A report of office is of this fact that there was wrong mentioning in the order dated 7.9.2021 with regard to deletion of respondent nos. 1 to 12 and 14 to 23 and owing to this wrong mentioning, which was inadvertent, order dated 16.8.2022 was passed.
It was clarified by the office that matter proceeded ex-parte only against respondent nos. 3 to 7, 9, 12, 15 to 17 and 19 to 22. The matters were withdrawn against respondent nos. 8, 10 and 18. MA Nos. 372, 373, 374, 375 and 376 of 2018 were allowed conditionally and the conditions were fulfilled. Hence, all those MAs stood disposed of.
Learned counsels are conceding this position that MAs listed had previously been disposed of. Hence, this listing be corrected in future.
The main issue which was being pressed for disposal, is issue no. 4 to this fact as to whether the petition is maintainable, in the present form, against respondent nos. 13, 24 and 25, because the only relief claimed against respondent nos. 24 and 25 is with regard to perpetual injunction and the counsel for respondent nos. 24 and 25 assures that both respondents 24 and 25 are not going to unlawfully induce i.e. relief being claimed against respondent nos. 24 and 25 are being accepted as such. Hence, no contest remains.
The main contest remains to this fact that petition is not maintainable at all in the present form because many causes of action against many LCOs have been clubbed together in this present petition, which is not permissible.
Learned counsel for the petitioner mentions that today’s date was for directions and arguing counsel has to argue over this issue of maintainability and a date be fixed.
Date 13.12.2022 is being fixed ‘for hearing’ over this preliminary issue no. 4 with regard to maintainability. More so, the evidences and pleadings are complete.
Hence, the argument in detail with regard to relief claimed and have been admitted to, is also to be heard together.
