MANEKLAL JAINARAYANJI SABU Vs. RUPRAO GANPATRAO BHONDE

JUDGEMENT

(1.) ADMIT. Heard forthwith by the consent of the learned Counsel for the parties. This appeal takes exception to the order passed by the 2nd Additional District Judge, Achalpur, dated February 10,2000, below Exhibit 5, in Regular Civil Appeal No. 88 of 1998. The impugned order passed by the Court below reads, thus :---

(2.) IN my view, this is not the correct approach adopted by the lower Appellate Court while refusing interim relief, especially when the appeal is admitted and pending before it. Merely because the trial Court has negatived the plea of the appellant, would not disentitle the appellant for grant of interim relief, unless other special reasons are recorded in that behalf. In the circumstances, the impugned order cannot be sustained in law.

(3.) IT is rightly contended by the learned Counsel for the appellant that the interim arrangement had continued between the parties for over last ten years pursuant to the agreement reached between them, which is reflected in the order dated 20th April, 1993, in view of the undertaking dated 25-10-1989. In the circumstances, the said interim arrangement shall continue till the appeal is finally disposed of by the Additional District Judge, or till such time the lower Appellate Court finds that the appellant has become disentitled for such relief, for the reasons to be recorded in that behalf. The lower Appellate Court is directed to decide the appeal, being Regular Civil Appeal No. 88/1998 expeditiously, preferably within six months from the receipt of this order. This appeal succeeds, with no order as to costs. Appeal succeed.