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TUSHAR RAO GEDELA
Monika Devi – Appellant
Versus
Ashwani Raj – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 9022/2023 (Exemption)
1. This is an application seeking exemption from filing certified copies of the annexures.
2. Exemption is allowed, subject to all just exceptions.
3. However, the certified copies of the exempted documents may be filed within four weeks from today.
4. Application stands disposed of.
CM(M) 294/2023 & CM APPL. 9021/2023 (Stay)
5. The petitioners challenges the orders dated 05.01.2023 and 04.02.2023 passed by the First Appellate Court in MCA/SCJ/1/23 titled "Monika Devi & Anr. Vs. Ashwani Raj & Ors." whereby the First Appellate Court has only issued notice to the respondents.
6. Learned counsel appearing for the petitioners submits that the learned Trial Court has dismissed the application under Order XXXIX Rule 1 & 2 CPC, 1908 filed on behalf of the petitioners on the ground that the relief sought in the interim application as well as in the main suit were the same and therefore, if the interim injunction were to be passed, it would be akin to granting the final relief which would be contrary to the settled law.
7. Learned counsel submits that it was in ch
Urgency faced by senior citizens and the need to protect their possession of the suit property influenced the court's decision to maintain status quo until the First Appellate Court hears and decides....
The High Court may dispose of an original petition by directing the lower appellate court to decide pending interlocutory applications in accordance with the law while the main appeal is active, rath....
The court has the authority to direct the learned Trial Court to expedite the proceedings and dispose of pending applications within specified timelines.
The court's jurisdiction under Article 227 of the Constitution of India can be invoked to direct the expeditious disposal of a stay application filed along with an appeal, especially when the pendenc....
Urgent disposal of interim applications under relevant civil procedure rules.
The court has the discretion to allow exemption from filing certified copies of annexures, subject to all just exceptions, and can direct the disposal of urgent matters in accordance with law.
The petitioner's right to be heard and the principles of natural justice are fundamental and must be upheld in legal proceedings.
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