& ANR Vs. M/S. AREN Builders & Promoters  INSC 693 (23 April 2008)
H.K. SEMA & MARKANDEY KATJU
O R D E R CIVIL APPEAL NO.6088 OF 2002 This appeal is directed against the
interim order granting temporary injunction passed by the High Court in terms
of the application under Order XXXIX Rules 1 and 2 of Civil Procedure Code in a
pending suit. This Court passed the following order on 28.08.2006 :
" In the interlocutory application, it is stated that though
proceedings in Suit No.1343 of 1995 have not been stayed by this Court but
since 2001, there has been no progress in the suit before the trial court on
the ground of pendency of this appeal. We fail to understand the reason for not
proceeding with the suit on account of the pendency of this appeal which
concerns an order on application under Order XXXIX Rules 1 and 2 of the Code of
Civil Procedure, 1908 and has no relevance as far as the decision of the suit
on merits is concerned.
While dismissing the application seeking early hearing, we direct the trial
court to proceed with the suit and decide it expeditiously."
: 2 :
Today, it has been brought to our notice that despite the aforesaid order
passed by this Court directing the trial court to proceed with the pending suit
and decide it expeditiously, an order has been passed by the learned Single
Judge of the High Court in Civil Revision Application No.94 of 2007 which
stayed the trial of the suit.
In our view, judicial propriety demands that the direction issued by this
Court should be adhered to and respected by the High Court. We say no more. The
order impugned in this appeal being an interim order passed under Order XXXIX
Rules 1 and 2 we see no reason to interfere. The appeal is dismissed
We direct the trial court to proceed with the suit and dispose of the same
expeditiously in terms of our direction dated 28.08.2006 as referred to above.
We make it clear that while proceeding with the suit the trial court shall
ignore the interim order passed by the High Court on 05.12.2007. The trial
court is directed to dispose of the suit within six months from the receipt of