Case Note & Summary
The appellant, M/s. Prestige Holiday Resorts Ltd., filed an appeal against an order of the Civil Judge, Senior Division, Margao, dismissing its application for temporary injunction in Special Civil Suit No. 87 of 2001. The suit was filed in 2001 and was pending. The High Court observed that instead of adjudicating the interim proceedings through the appeal, it would be in the interest of both parties to expedite the suit and have it decided on final merits. The court directed the Civil Judge to expedite the hearing of the suit as expeditiously as possible. The appeal was disposed of with no order as to costs.
Headnote
A) Civil Procedure - Temporary Injunction - Expeditious Trial - Suit of 2001 pending - Court directed expedited hearing instead of deciding interim appeal - Held that it is in the interest of parties to get the suit adjudicated on final merits rather than continuing interim proceedings (Paras 3-4).
Issue of Consideration
Whether the appeal against dismissal of temporary injunction should be adjudicated or the suit should be expedited for final hearing.
Final Decision
The appeal is disposed of with direction to the Civil Judge, Senior Division, Margao to expedite the hearing of Special Civil Suit No. 87 of 2001 on merits as expeditiously as possible. No order as to costs.
Law Points
- Expeditious disposal of suit
- Interim relief not adjudicated when suit is old
- No order as to costs
Case Details
2006 LawText (BOM) (11) 115
Appeal from Order No. 60 of 2002
F.M. Reis with A. De Souza for Appellant; C.A. Ferreira for Respondents
M/s. Prestige Holiday Resorts Ltd.
M/s. Costa Pinto & Associates, Joseph Alfred D'Costa, M. Antonio D'Costa
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Nature of Litigation
Appeal against order dismissing application for temporary injunction in a civil suit.
Remedy Sought
Appellant sought to challenge the dismissal of its temporary injunction application.
Filing Reason
Appellant's application for temporary injunction was dismissed by the Civil Judge.
Previous Decisions
Civil Judge, Senior Division, Margao dismissed the appellant's application for temporary injunction.
Issues
Whether the appeal against dismissal of temporary injunction should be adjudicated or the suit should be expedited for final hearing.
Submissions/Arguments
Learned Counsel for both parties were heard.
Ratio Decidendi
When a suit is pending for a long time, it is in the interest of parties to expedite the final hearing rather than adjudicate interim proceedings.
Judgment Excerpts
Now, the suit itself is of the year 2001 and is bound to be right for hearing.
Therefore, instead of adjudicating the interim proceedings by way of this appeal, it would be in the interest of both the parties to get the suit expedited and adjudicated on final merits.
Procedural History
The appellant filed an application for temporary injunction in Special Civil Suit No. 87 of 2001, which was dismissed by the Civil Judge, Senior Division, Margao. The appellant then preferred Appeal from Order No. 60 of 2002 before the High Court.
