Case Note & Summary
The State of Goa filed an appeal against an order passed by the Civil Judge, Senior Division, Quepem, partly allowing the plaintiff's application under Order 39 Rules 1 & 2 of the Code of Civil Procedure, 1908 (CPC) in Special Civil Suit No. 9 of 2001. The appeal was pending since 2002. The High Court noted that the record and proceedings (R&P) were with the High Court, preventing the trial court from proceeding with the suit. Instead of adjudicating the interim matter at a belated stage, the court directed the trial court to expedite the hearing and dispose of the suit within one week from receipt of the writ. The R&P was ordered to be transmitted back to the trial court. The appeal was disposed of with no order as to costs.
Headnote
A) Civil Procedure - Interim Injunction - Order 39 Rules 1 & 2 CPC - Expedited Trial - Appeal against interim order pending since 2002 - Court held that instead of adjudicating the interim matter at a belated stage, it would be in the interest of both parties to direct the trial court to expedite the trial and dispose of the suit within one week - Appeal disposed of with no order as to costs (Paras 3-4).
Issue of Consideration
Whether the appeal against an interim order under Order 39 Rules 1 & 2 CPC should be adjudicated at a belated stage or the trial should be expedited.
Final Decision
The appeal is disposed of with directions to the Civil Judge, Senior Division, Quepem to expedite the hearing of the trial and dispose it of within one week from the date of receipt of the writ. The R&P shall be immediately transmitted to the trial court. No order as to costs.
Law Points
- Expedited trial
- interim order
- disposal of appeal with directions
Case Details
2006 LawText (BOM) (11) 81
Appeal from Order No. 62 of 2002
Shri M.D. Salkar, Additional Government Advocate for the Appellants; Shri V.B. Nadkarni, Sr. Advocate with Shri Y.V. Nadkarni, Advocate for the Respondent – absent
State of Goa through Secretary (Forests), The Conservator of Forests, Deputy Conservator of Forests, Director of Industries & Mines
Gangadhar Narsingdas Agarwal through his duly constituted attorney Devidas Sadanand Kuchodkar
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Nature of Litigation
Appeal against an order partly allowing an application under Order 39 Rules 1 & 2 CPC in a civil suit.
Remedy Sought
The State of Goa sought to challenge the interim order passed by the trial court.
Filing Reason
The State appealed against the order of the Civil Judge, Senior Division, Quepem, partly allowing the plaintiff's application for interim injunction.
Previous Decisions
The Civil Judge, Senior Division, Quepem partly allowed the application under Order 39 Rules 1 & 2 CPC in Special Civil Suit No. 9 of 2001.
Issues
Whether the appeal against an interim order should be adjudicated at a belated stage or the trial should be expedited.
Submissions/Arguments
The learned Additional Government Advocate for the State was heard. None appeared for the respondent.
Ratio Decidendi
Instead of adjudicating an interim matter at a belated stage, it is in the interest of both parties to direct the trial court to expedite the trial and dispose of the suit expeditiously.
Judgment Excerpts
Instead of adjudicating the interim matter at this belated stage, it would be in the interest of both the parties to dispose of the appeal with certain directions to the trial court.
the Civil Judge, Senior Division, Quepem is directed to expedite the hearing of the trial as it involves the State, so as to dispose it of within a period of one week from the date of receipt of the writ of this Court.
Procedural History
The State of Goa filed an appeal (Appeal from Order No. 62 of 2002) against an order of the Civil Judge, Senior Division, Quepem, partly allowing an application under Order 39 Rules 1 & 2 CPC in Special Civil Suit No. 9 of 2001. The appeal was pending since 2002. The High Court heard the appeal on 17th November 2006 and disposed it of with directions to expedite the trial.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order 39, Rules 1 & 2
