OSWALD SILVESTRE GERVASIO COLACO Vs. FILIPE DIAS

JUDGEMENT

(1.) HEARD Shri Rohit Bras De Sa, learned Counsel appearing for the Petitioner, Shri Mulgaonkar, learned Counsel appearing for the Respondent no. 4 and Shri Anthony Rebello, learned Counsel appearing for the Respondent nos. 2 and 3.

(2.) I have extensively heard the submissions of Shri Rohit Bras De Sa, learned Counsel appearing for the Petitioner, Shri Mulgaonkar, learned Counsel appearing for the Respondent no.3 and Shri Rebello, learned Counsel appearing for the Respondent nos. 2 and 3. Upon hearing the learned Counsel, it is not in dispute that there are three applications for consideration before the learned District Judge. One application is under Order 1 Rule 10 of the Civil Procedure Code filed by the Petitioner to implead additional parties; the second application is under Order 39 Rules 1 and 2 of the Civil Procedure Code for temporary injunction; and the third is an application under Section 151 of the Civil Procedure Code for adinterim reliefs. The Order which is impugned in the present case is an Order issuing a show cause notice on the application under Section 151 of the Civil Procedure Code and refusing a relief for ad -interim status quo.

(3.) AFTER hearing the learned Counsel and without going into the merits of the rival contentions, I propose to dispose of the above Writ Petition by, inter alia, directing the learned Judge to first decide the application filed under Order 1 Rule 10 filed by the Petitioner which is stated to be fixed for hearing on 27.06.2014. Thereafter proceed to examine the application under Order 39 Rule 1 and 2 of the Civil Procedure and the application under Section 151 of the Civil Procedure Code, as expeditiously as possible preferably on or before 31.10.2014. The learned Counsel appearing for the respective parties have assumed that they will not seek unnecessary adjournment on the date fixed by the learned Judge.