XAVIER INSTITUTE OF MANAGEMENT Vs. SWAPNA HARRISON

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the order dated 7.5.2009 passed by the learned Ad hoc Addl. District Judge, FTC-2, Bhubaneswar in FAO No. 17/129 of 2008-2004 confirming the order dated 4.9.2004 passed by the learned Civil Judge (Senior Division), Bhubaneswar in Interim Application No. 381 of 2004 arising out of Civil Suit No. 431 of 2004.

(2.) The tarts, as narrated in the writ petition, are as follows:

(3.) Learned Counsel appearing for the defendant petitioner submitted that both the Courts below failed to appreciate that by virtue of the interim relief it had granted the main relief prayed for in the suit without adjudicating the claim raised by the parties. Therefore, interference by this Court in exercise of the jurisdiction under Article 227 of the Constitution of India is warranted and the order passed by the Courts below is liable to be set aside.