G. M. Chitrakoot Dham M. Jal Sansthan & ANR Vs. G.M., Jhansi Division & Ors. [2009] INSC 1034 (12 May 2009)

Judgment

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3547 OF 2009 (Arising out of SLP(C)No.816 of 2006) G.M.,CHITRAKOOT DHAM M.JAL SANSTHAN &ANR .....APPELLANT(S) VERSUS O R D E R Leave granted.

This appeal has been preferred against an interim order dated 6th of December, 2005 passed by the High Court of Judicature at Allahabad in C.M. W.P. No. 74034 of 2005. This Court, on 16th of January, 2006, passed the following order :- "Issue notice.

There shall be interim stay.

However, the order of stay passed shall not stand on the way of the High Court taking up the writ petition for disposal."

Having heard the learned counsel for the parties and after going through the materials on record, we are of the view that since the order in this appeal which is under challenge is interim in nature, we are not inclined to interfere with the same except that a request can be made to the High Court to dispose of the pending Writ Petition within four months from the date of communication of this order to it.

We make it clear that we have not gone into the merits of this case, which shall be decided by the High Court in accordance with law.

The appeal is thus disposed of. There will be no order as to costs.

.............................J. ( TARUN CHATTERJEE )

.............................J. ( H.L.DATTU )

NEW DELHI;

MAY 12, 2009.

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