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Supreme Court - Daily Orders

Rohit Giri vs Maa Chandi Devi Temple Trust And Others on 31 July, 2015

Bench: Chief Justice, Arun Mishra, Amitava Roy

                                                     1

                ITEM NO.6                    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

                I.A. 2/2015 In
                Petition for Special Leave to Appeal (C) No. 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)
                (For modification of court's order dated 27.02.2015 and office
                report)

                Date : 31/07/2015        This application was called on
                                               for hearing today.
                CORAM :
                              HON'BLE THE CHIEF JUSTICE
                              HON'BLE MR. JUSTICE ARUN MISHRA
                              HON'BLE MR. JUSTICE AMITAVA ROY

                For Petitioner(s)        Mr.   Jayant Bhushan,Sr. Adv.
                                         Mr.   A.Menon, Adv.
                                         Mr.   Yogesh, Adv.
                                         Mr.   Vishal Gupta,Adv.

                For Respondent(s)        Mr.   Parthasakha Datta, Sr. Adv.
                                         Mr.   A.C. David, Adv.
                                         Mr.   Anilendra Pandey, Adv.
                                         Mr.   Karunakar Mahalik, Adv.
                                         Dr.   Kailash Chand,Adv.

                                          Mr. Aniruddha P. Mayee,Adv.

                                         Mr.   Sanpreet Singh Ajmani, Adv.
                                         Mr.   Manohar Pratap, Adv.
                                         Ms.   Rajnikant Puri, Adv.
Signature Not Verified
                                         Ms.   Manju Jetley,Adv.
Digitally signed by

                         UPON hearing the counsel the Court made the following
Charanjeet Kaur
Date: 2015.08.01
12:22:30 IST
Reason:
                                               O R D E R

The application for modification of the order 2 dated 27.02.2015 is allowed.

The order dated 27.02.2015 shall be read as follows :

“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 1st Additional District Judge, Haridwar to conclude the hearing of Original Suit No. 77 of 2014 as early as possible, at any rate within twelve months' time. 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 petition is disposed of.” I.A. No. 2 of 2015 stands disposed of accordingly.
[ Charanjeet Kaur ] [ Vinod Kulvi ] A.R.-cum-P.S. Asstt. Registrar