IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL REVISION APPLICATION No 646 of 1997
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PRINCIPAL, KENDRIYA VIDHYALAYA, VADODARA
Versus
J R MISHRA
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Appearance:
MR JD AJMERA for Petitioners
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CORAM : MR.JUSTICE Y.B.BHATT
Date of Order: 02/05/97
ORAL ORDER
1.The present revision under section 115 CPC
challenges the order of extension of ex-parte ad-interim
relief granted by the lower appellate court, in an appeal
filed by the present respondent. It appears that the
lower appellate court first granted ad-interim relief on
20th January, 1997, wherein it has been noted that it
shall not be extended beyond 27th January, 1997.
However, by order below ex. 19 dated 22nd April, 1997 it
is found that the stay has continued to be extended upto
7th May, 1997. It is this order which is challenged in
the present revision.
2.Being conscious of the limitations of the scope
of section 115 CPC, I am constrained to observe that the
impugned order may not strictly speaking amount to
jurisdictional error within the meaning of the said
section. However, the lower appellate court cannot
ignore the specific provisions of the CPC, requiring the
Court to decide the injunction application within 30 days
namely; Order 39 Rule 3(A). It is accordingly directed
that the lower appellate court shall take up the hearing
of ex. 5 in appeal as expeditiously as possible, and to
decide the same preferably within two weeks from the date
of receipt of the present order. On the basis of these
observations and directions, learned counsel for the
petitioners seeks permission to withdraw the present
revision. Permission granted. Revision stands disposed
off as withdrawn. Direct service permitted.
02.05.1997[Y.B. BHATT, J.]
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