EXECUTIVE ENGINEER Vs. RAJMANI BUILDERS

JUDGEMENT

(1.) LEARNED counsel appearing on both sides submitted that the suits filed by both the parties since 1992 have remained pending despite impugned order dated 19. 1. 2001 and further proceedings having not been stayed by this Court. It was submitted, without prejudice to the rights and contentions of the parties and subject to the decision on preliminary issues that may be raised by either party before the trial Court, that both the suits have arisen from the same contract and there may be common evidence to be led for the purpose of both the suits by both the parties. Therefore, without disturbing impugned order dated 19. 1. 2001, trial of the suits were required to be expedited.

(2.) ACCORDINGLY, the petition is disposed with the direction that the impugned order will stand and operate without prejudice to the rights of the parties to raise preliminary or other legal objections against the suits and claims of the other party and trial of both the suits shall be conducted and concluded as expeditiously as practicable and preferably within a period of six months. Subject to those observations and directions, the petition is disposed, Rule is discharged and interim relief is vacated with no order as to costs.