Amit Talukdar, J.

1. "......ANGER, even judicial anger, solves no problems but creates many." Krishna Iyer, J. speaking for himself and on behalf of D.A. Desai.J. and A.P. Sen, J dissenting for the Three Judge Bench in Rajendra Prasad v. State of U.P. : (1979)3 SCC 646 has held so.

2. ONE could, perhaps, little imagine that the same may have axiomatic application at some posterior stage. While considering this intra party Appeal, we are ruefully reminded of the same.

In order to have a whole hog of the issue that would surface for our discussion in this intra party Appeal, we would so as to have a purposeful deliberation, set out in details background facts leading to filing of the present Appeal.

3. EARLIER in connection with F.M.A. 2158 of 2011 the Division Bench on 19/01/2011 faced with a very abysmal situation, where it was reported that notwithstanding the urgency, the Writ Application was not being attended to, passed the following order: "In some formidable compulsion and forensic exigency, we would be required to pass the order on this Appeal which otherwise the Appeal Court would be reluctant to do. There is a pending Writ Application before the Hon'ble Single Judge