IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.704 of 2006
RAGHUNANDAN THAKUR
Versus
ASUTOSH SHAHI & ORS
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2 15.7.2008 Heard Counsel for the petitioner.
This Court taking into consideration the judgment of
the Apex Court in the case of Hindustan Aeronautics Vs.
Ajit Prasad reported in AIR 1973 SC 76, does not find any
jurisdictional error in the impugned order refusing to set
aside the order declining grant of injunction to the
petitioner.
Counsel for the petitioner however submits that while
deciding the interlocutory matter with regard to the grant of
injunction and its being considered at the appellate stage,
both the Courts while declining injunction to the petitioner
and/or affirming such order of the Court below, has given
certain findings of fact which may substantially prejudice
the petitioner in the ultimate disposal of the suit.
In the opinion of this Court, such apprehension of the
petitioner is wholly misconceived because whatever
observations have been made in the impugned order are
confined only for the purposes of the disposal of such
interlocutory matter and cannot be made the basis for
giving judgment by the trial court which would always the
decide suit on merits in the light of the evidence adduced by
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the parties.
Considering however the fact, that the suit is of the
year 1997, the Court below is directed to ensure that the
same is disposed of within a period of two years from the
date of production/receipt of a copy of this order.
With the aforementioned observations and directions,
the Civil Revision application being devoid of any merit is
dismissed.
Rsh (Mihir Kumar Jha, J.)