Jharkhand High Court
Mahendra Ram & Ors vs C.M.D. Tata Steel Ltd on 24 October, 2018
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 29 of 2009
Mahendra Ram & Ors. ... Appellants
Versus
C.M.D. Tata Steel Ltd., Jamshedpur & Anr. ... Respondents
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Appellants : Mr. S. K. Keshri, Adv. For the Respondents : Mr. G. M. Mishra, Adv.
17 / 24.10.18 I.A. No. 2530 of 2009 This interlocutory application has been filed with the prayer for restraining / injuncting the respondents from working the mining operation or using the suit land in any manner during pendency of this appeal.
Learned counsel for the respondents submits that the prayer has become infructuous as the mining operation has already been carried out in the suit land and the appeal is matured for hearing, hence, this appeal be fixed for hearing.
Learned counsel for the appellant prays for time to advance arguments on the merit of the appeal.
Since, this appeal has matured for hearing and it can be disposed of today itself but since the appellants are not ready for hearing, the appeal could not be disposed of, hence, this court is not inclined to allow the prayer for injunction after about nine years of filing of the petition more so, when it is submitted that the same has become infructuous, accordingly this interlocutory application is rejected.
(Anil Kumar Choudhary, J.) First Appeal No. 29 of 2009 On the prayer of the appellants, list this appeal after four weeks and appellant is directed to come ready for hearing on the next date of listing of this appeal.
Smita/- (Anil Kumar Choudhary, J.)