JUDGMENT :

Anil R. Dave, J.

Civil Appeals arising out of SLP(C)Nos. 19936-19937/2016

Mr. Ashok Panigrahi, learned counsel appears on behalf of respondent No.1, who is a returned candidate, on caveat. Service of notice is waived by him on behalf of respondent No.1.

2. For the purpose of disposal of these appeals, it is not necessary to have presence of other respondents hence they are deleted, at the risk and responsibility of the appellant.

3. Heard the learned counsel.

4. Leave granted.

5. Upon hearing the learned counsel and upon perusal of the impugned order, in the peculiar facts of these cases, we are of the view that the High Court should have finally decided Miscellaneous Case Nos. 26 and 27 of 2016 arising out of Election Petition Nos. 20 and 17 of 2014 as these applications have been filed under 7, Rule 11 of the Civil Procedure Code, 1908. In our opinion taking decision in the said applications ought not to have been postponed till the disposal of the Election Petitions.

6. In the circumstances, the impugned order dated 22nd June, 2016 passed in Miscellaneous Case Nos. 26 and 27 of 2016 in Election Petition Nos.20 and 17 of 2014 is set aside with a direction that the said applica