GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHIS vs RAJ KUMAR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2004 Supreme(SC) 1112

SUPREME COURT OF INDIA
ARIJIT PASAYAT AND C.K. THAKKER, JJ,
GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI AND OTHERS, APPELLANTS;
VERSUS
RAJ KUMAR, RESPONDENT.
CIVIL APPEAL NO. 6204 OF 2004
DECIDED ON SEPTEMBER 20, 2004

Headnote:
Civil Procedure Code, 1908, Order, 39, Rule 1 Interim protection- Grant of interim protection by High Court amounted to final relief sought for -However as the order was operating since long the High Court asked to dispose of the pending writ petition itself as early as practicable - The interim order passed by the High Court to continue till disposal of the writ petition.[Para 3]

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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