Case Note & Summary
This is an appeal filed by the plaintiff-appellant against an order of the Civil Judge, Senior Division, Margao, rejecting an application for temporary injunction in Special Civil Suit No. 117 of 1998. The appeal was preferred in 1999 and came up for hearing in 2006. The court observed that the suit was likely ready for trial. Instead of adjudicating the interim matter, which would then send the parties back to trial, the court directed the trial court to expedite the trial and complete adjudication on merits within four months from receipt of the court's order. The court also directed the parties to maintain status quo as on the date of the order. The appeal was disposed of with no order as to costs.
Headnote
A) Civil Procedure - Temporary Injunction - Appeal against rejection - Expedited Trial - Where the suit is ready for hearing, the court may direct expeditious trial instead of deciding the interim appeal, to serve the interests of both parties - Held that the trial court shall complete adjudication within 4 months and parties shall maintain status quo (Paras 2-4).
Issue of Consideration
Whether the appeal against rejection of temporary injunction should be adjudicated or the trial should be expedited in the interest of both parties.
Final Decision
The appeal is disposed of with direction to the trial court to commence trial and complete adjudication within 4 months from receipt of the court's writ. Parties shall maintain status quo as on today. No order as to costs.
Law Points
- Expedited trial preferred over interim adjudication when suit is ready for hearing
- Status quo order pending final disposal
