RAJNAGAR COOP HOUSING SOCIETYLTD Vs. DUDIBEN PREMJIBHAI DODIYA

JUDGEMENT

(1.) THE present petition is preferred for challenging the order dated 15th October 1999 (Annexure-F) passed by the Tribunal, whereby, the revision application is allowed and the interim injunction granted by the learned Nominee below Exh. 4 is set aside.

(2.) UPON hearing Mr. Chayya for the petitioner, it appears that the learned Nominee had passed only an ex parte order against which the revision was preferred which has been granted by the Tribunal. The Tribunal has exercised the discretion and has interfered with the order passed by the learned Nominee. The Suit is is of the year 1994. Therefore, when the interim injunction has not been granted in the Suit proceedings, no useful purpose would be served by deciding the questions at this stage which are raised in the present proceedings and instead of the same, it would be just and proper to direct the learned Nominee to decide the Suit within some reasonable time.

(3.) MR. CHAYYA, learned counsel appearing for the petitioner submitted that he has no information as to whether the suit is decided or not decided by this time.