MABAI HOTELS Vs. CHETAN DESSAI

JUDGEMENT

(1.) THIS appeal takes exception to an order dated 22. 10. 2003 whereby the appellants' application for injunction was dismissed. No interim order has been passed in this appeal. The appeal is pending for the last five years. On 24. 08. 2007 on behalf of the appellants a proposal was made that the respondents should at least keep a gate open. For the last one year, the appellants did not get any favourable orders in this behalf. Thus virtually for the last five years, the appellants have not been using the access (corridor ). No useful purpose would be served by examining claims made by parties at an early stage of filing of suit, for securing a temporary injunction. On the other hand, it may embarrass the trial Judge in recording findings upon evidence to be tendered at trial.

(2.) THE learned counsel for the parties stated that the matter has already been fixed for evidence before the Trial Court and affidavits have been filed by the respective parties. Both the learned counsels agreed that they would instruct their counter parts not to seek any adjournments, save on the ground of death or ill-health. The learned Trial Judge shall dispose off the matter as early as possible in any case within a period of six months, provided the parties do not seek any adjournments. In this view of the matter, the appeal is disposed off.