(1.) THIS writ appeal has been filed against the judgment and order of the learned Single Judge dated 7.8.2008 passed in W.P.(C) No.6322 of 2008 by which the writ petition of the appellant has been partly allowed against the order of the trial Court dated 5.4.2008. By the said order the trial Court while considering the application under Order 9, Rule 13 of the Code of Civil Procedure (hereinafter called "CPC") without deciding the same directed the appellant to deposit the entire decretal amount within a month and directed to list the applications for interim relief, under Order 9, Rule 13, CPC and under Section 47, CPC filed by the appellant thereafter.
(2.) BEING aggrieved and dissatisfied the appellant preferred W.P.(C) No.6322 of 2008 which has been disposed of by the learned Single Judge reducing the amount to 50 per cent as directed by the trial Court. Hence this appeal.
(3.) THE question which arises for consideration is as to whether such a condition could have been imposed by the trial Court prior to disposal of any of the applications pending before it.