Supreme Court - Daily Orders
Ashok Kumar Aneja vs Raj Kumari Aneja on 5 July, 2016
Author: Chief Justice
Bench: Chief Justice, D.Y. Chandrachud
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2868 OF 2015
ASHOK KUMAR ANEJA Appellant(s)
Versus
RAJ KUMARI ANEJA AND OTHERS Respondent(s)
W I T H
INTERLOCUTORY APPLICATION NO.1 OF 2015
(For early hearing)
O R D E R
We have heard learned counsel for the parties. This appeal by special leave arises out of a judgment and order dated 26.8.2014 passed by the High Signature Not Verified Digitally signed by PARVEEN KUMAR Date: 2016.07.14 Court of Punjab and Haryana at Chandigarh in Civil 16:51:50 IST Reason: Revision No. 3181 of 2013, declining an interim injunction to the plaintiff-appellant herein in a suit 2 for declaration and injunction filed by him before the Trial Court. When the matter came up before this Court on 28.11.2014, we had while issuing notice in the special leave petition, directed that no third party rights shall be created by the respondents in respect of suit property. The matter then appeared on 09.03.2015 before this Court when leave to appeal was granted and the ad-interim order passed earlier was continued until further orders. Learned counsel for the defendants-respondents in the appeal, today submits that the interim direction issued by this Court could be made absolute pending disposal of the suit, provided the suit is directed to be disposed of within a time frame. This would, according to the learned counsel, meet the ends of justice.
We see merit in the submission made by the learned counsel. Since the suit is pending for the past about 4-1/2 years, we direct that the Trial Court shall make an endeavor to dispose of the same expeditiously and as far as possible, within a period of one year from the date of receipt of a copy of this order. In the meantime, the interim order passed by this Court on 28.11.2014 and continued by order dated 09.03.2015 3 shall continue to remain in force till the suit is decided by the Trial Court.
This appeal is, with the above directions, disposed of leaving the parties to bear their own costs.
We make it clear that we have not expressed any opinion on the merits of the case and the contentions that the parties may raise in the suit.
In view of the above order, interlocutory application for early hearing also stands disposed of.
........................CJI.
(T.S. THAKUR) ........................J. (D.Y. CHANDRACHUD) New Delhi, July 05, 2016 4 ITEM NO.16 COURT NO.1 SECTION IV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 1/2015 in Civil Appeal No(s). 2868/2015 ASHOK KUMAR ANEJA Appellant(s) VERSUS RAJ KUMARI ANEJA AND ORS Respondent(s) (for early hearing and office report) Date : 05/07/2016 This application was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Appellant(s) Mr. Jayant Kumar Mehta,Adv. Mr. Dipesh Aneja, Adv.
Ms. Suveni Bhagat, Adv.
For Respondent(s) Mr. Gaurav Agrawal,Adv.
UPON hearing the counsel the Court made the following O R D E R This appeal is disposed of in terms of the signed order.
In view of the order passed in the appeal, interlocutory application for early hearing also stands disposed of.
[VEENA KHERA] [SUKHBIR PAUL KAUR]
COURT MASTER A.R.-CUM-P.S.
(Signed order is placed on the file)