MyNation KnowledgeBase

Landmark Judgments and Articles on Law

Register to Download

SC: Court can entertain interlocutory applications in stayed suit

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 11192 of 1995

Decided On: 16.11.1995

Amita Kaushish 

Vs. 

Sanjay Kaushish and Ors.

 

Hon’ble Judges/Coram:

K. Ramaswamy and B.L. Hansaria, JJ.

1. Leave granted.

2. The impugned order is only a direction to list the appeal FAO (OS) No. 221/91 filed by the appellants for disposal pending in the High Court. The Division Bench by its order dated July 12, 1994 directed to list the appeal for final hearing on October 17, 1994 within first five cases. It would appear that there is long drawn litigation inter se parties. Since the time fixed by the High Court is already over and the appeal is yet to be disposed of, we request the High Court to appropriately fix an early date for disposal, preferably before the end of this year.

3. The learned Counsel for the respondents stated that on account of the stay of the suit, his clients are prevented to take any direction or order by way of interlocutory application. The stay of the trial of the suit does not preclude the respondents to seek such appropriate interlocutory reliefs as may be available and warranted in the facts and circumstances.

4. The appeal is accordingly disposed of. No costs.

READ  Whether averments made in the plaint can be presumed to be correct while deciding application for rejection of plaint?

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 MyNation KnowledgeBase
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

READ  How to prove Private documents?
MyNation FoundationMyNation FoundationMyNation Foundation