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2004 Supreme(SC) 1112

ARIJIT PASAYAT, C.K.THAKKER
GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHIS – Appellant
Versus
RAJ KUMAR – Respondent


ORDER

1. HEARD LEARNED COUNSEL FOR THE PARTIES.

2. LEAVE GRANTED.

3. THE ORDER PASSED BY THE HIGH COURT GIVING INTERIM PROTECTION TO THE RESPONDENT APPEARS TO BE NOT PROPER, IN VIEW OF THE FACT THAT FINAL RELIEF SOUGHT FOR HAS BEEN GRANTED BY AN INTERIM PROTECTION. NEVERTHELESS, THE ORDER IS OPERATING SINCE JULY 2002. THEREFORE, THE PROPER COURSE WOULD BE TO REQUEST THE HIGH COURT TO DISPOSE OF THE PENDING WRIT PETITION ITSELF AS EARLY AS PRACTICABLE PREFERABLY WITHIN THREE MONTHS FROM THE DATE OF RECEIPT OF OUR ORDER. THE INTERIM ORDER PASSED BY THE HIGH COURT SHALL BE IN OPERATION TILL THE DISPOSAL OF THE WRIT PETITION. HOWEVER, WE MAKE IT CLEAR THAT WE HAVE NOT EXPRESSED ANY OPINION ON THE MERITS OF THE DISPUTES RAISED BEFORE THE HIGH COURT.

4. THE APPEAL IS DISPOSED OF ACCORDINGLY.

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