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Supreme Court - Daily Orders

Rohit Giri vs Maa Chandi Devi Temple Trust And Others on 27 February, 2015

Bench: Chief Justice, A.K. Sikri

                                                 1

                ITEM NO.46                 COURT NO.1                SECTION X

                                S U P R E M E C O U R T O F      I N D I A
                                        RECORD OF PROCEEDINGS

                Petition(s) for Special Leave to Appeal (C)     No(s).   5414/2015

                (Arising out of impugned final judgment and order dated
                20/01/2015 in APP No. 610/2014 passed by the High Court Of
                Uttarakhand At Nainital)

                ROHIT GIRI & ORS.                                    Petitioner(s)

                                                  VERSUS

                MAA CHANDI DEVI TEMPLE TRUST AND OTHERS           Respondent(s)
                (With appln. (s) for exemption from filing O.T. and interim
                relief and office report)

                Date :27/02/2015 This petition was called on for hearing today.

                CORAM :
                          HON'BLE THE CHIEF JUSTICE
                          HON'BLE MR. JUSTICE A.K. SIKRI

                For Petitioner(s)   Mr.   M.N. Krishnamani, Sr. Adv.
                                    Mr.   R.S. Sodhi, Sr. Adv.
                                    Ms.   Manisha Bhandari, Adv.
                                    Mr.   Omkar Shrivastava, Adv.
                                    Mr.   Nipush Joshi, Adv.
                                    Mr.   Ankit Khushwaha, Adv.
                                    Mr.   Neeraj Pandey, Adv.
                                    Mr.   Rameshwar Prasad Goyal,Adv.

                For Respondent(s)   Mr.   Harish N Salve, Sr. Adv.
                                    Mr.   A.C. David, Adv.
                                    Mr.   Anilendra Pandey, Adv.
                                    Dr.   Kailash Chand,Adv.

                                    Mr. Vijay Kumar, Adv.
                                    Mr. B.D. Pandey, Adv.
                                    Mr. Aniruddha P. Mayee,Adv.

Signature Not Verified
                                    Mr.   Jitendra Mohan Sharma, Sr. Adv.
Digitally signed by
                                    Mr.   Sanpreet Singh Ajmani, Adv.
Charanjeet Kaur
Date: 2015.02.28
13:48:26 IST
                                    Mr.   Ranjnikant Puri, Adv.
Reason:
                                    Mr.   Manohar Pratap, Adv.
                                    Mr.   Aneesh Sharma, Adv.
                                   2

UPON hearing the counsel the Court made the following
                      O R D E R

Since the impugned order is in the nature of an interim order, we decline to exercise our jurisdiction under Article 136 of the Constitution of India.

The suit is of the year 2012. After hearing learned counsel for the parties to the lis, we feel that the hearing of the suit requires to be expedited. Therefore, we direct the learned Civil Judge (Senior Division), Haridwar to conclude the hearing of the suit as early as possible, at any rate within twelve months' time from today. We request both the parties to co-operate in the early disposal of the Suit.

The learned Trial Judge shall decide the suit purely based on oral and documentary evidence that may be led in by both the parties, without being influenced by any of the observations and findings made by the High Court while disposing of the Appeal from Order No. 610 of 2014, dated 20.01.2015.

The special leave poetition is disposed of .

[ Charanjeet Kaur ]                              [ Vinod Kulvi ]
   Court Master                                  Asstt. Registrar