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SUPREME COURT OF INDIA
(Delhi High Court)
B L Hansaria, K Ramaswamy
AMITA KAUSHISH AND OTHERS, APPELLANTS
VERSUS
SANJAY KAUSHISH AND OTHERS, RESPONDENTS.
Civil Appeal No. 11192 of 1995
decided on November 16, 1995.
Direction - Appeal Disposal - The court directed the High Court to list the appeal for final hearing and requested an early date for disposal, despite long drawn litigation inter se parties.
Fact of the Case:
The impugned order directed to list the appeal for disposal pending in the High Court, with a request for an early date for disposal.
Finding of the Court:
The court found that despite long drawn litigation, the appeal was yet to be disposed of, and thus requested the High Court to fix an early date for disposal.
Issues: Long drawn litigation, stay of the suit, and prevention of taking any direction or order by way of interlocutory application were the issues discussed.
Ratio Decidendi: The court emphasized the need for an early disposal of the appeal and clarified that the stay of the trial of the suit does not preclude seeking appropriate interlocutory reliefs.
Final Decision: The appeal was disposed of with no costs imposed.
ORDER
1. Leave granted.
2. The impugned order is only a direction to list the appeal FAO (OS) No. 221 of 1991 filed by the appellants for disposal pending in the High Court. The Division Bench by its order dated 12-7-1994 directed to list the appeal for final hearing on 17-10-1994 within first five cases. It would appear that there is long drawn litigation inter se parties. Since the time fixed by the High Court is already over and the appeal is yet to be disposed of, we request the High Court to appropriately fix an early date for disposal, preferably before the end of this year.
3. The learned counsel for the respondents stated that on account of the stay of the suit, his clients are prevented to take any direction or order by way of interlocutory application. The stay of the trial of the suit does not preclude the respondents to seek such appropriate interlocutory reliefs as may be available and warranted in the facts and circumstances.
4. The appeal is accordingly disposed of. No costs.
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