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Vitthal (IT Consultant)     22 September 2011

What is the significance of this judgement ?

HI,

We had filed a civil suit against the builder for starting construction of a building in the very premises where he had promissed a Garden. The district court had stayed the construction in an order under exhibit 5. The builder has now approached the High court & we received the following order. The discussion in the court suggested that prima facie the judge was in line with the district court's point of view. However I do not understand why the judge did not arrive at a judgement immediately as all parties were present.

Its a positive decision for us as the stay is not vacated but I want to know what is the significance of this order ?

The order passed is as follows,

*************************************************

1. Heard learned Counsels on both sides.
2. Rule.
3. In view of the nature of dispute raised in this petition, Rule made
returnable on 14th November, 2011.
: 2 : 4713-11-wp=.sxw
4. In addition to the Court’s Notice petitioners to serve unserved
respondents and file affidavit of service on or before 14th November, 2011,
failing which petition to stand dismissed without further reference to the
Court.
5. It is clarified that admission of this petition has nothing to do with
the progress in the suit. If the suit comes up for hearing in the normal
course, the learned Trial Judge to proceed in the matter in accordance with
the provisions of law.

********************************************

Thank you



Learning

 1 Replies

Narender Raj G (Advocate)     22 September 2011

 

The Hon'ble High Court has not passed any judgment.

High Court simply admitted and issued notices to respondents and asked to file their counters.

High Court clearly directed the Civil court to proceed with the case.

You need not worry.

File counter in High Court incorporating all the facts.


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