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2005 DIGILAW 35 (SC)

RAJENDRA (DEAD) v. CHANDADEVI and SONS (P) LTD. CO.

2005-01-07

G.P.MATHUR, P.P.NAOLEKAR, R.C.LAHOTI

body2005
ORDER 1. Prayer for substitution in place of deceased petitioner is allowed reserving such pleas in this regard as may be urged by the respondents herein in the High Court where the writ petition is still pending. 2. Leave granted. 3. This appeal by special leave has been filed against an interim order dated 11-12-2003 passed by the High Court. Vide orders dated 24-12-2003 and 16-1-2004, this Court had directed the operation of the impugned order of the High Court dated 11-12-2003 to remain stayed during the pendency of the petition in this Court. 4. It is pointed out by the learned counsel for Respondents 1 to 3 that the appellant before us has on 18-12-2003 moved an application in the High Court itself seeking recall of the order dated 11-12-2003, which is impugned herein, and that application is pending for consideration before the High Court. 5. In our opinion, it is not necessary to permit two parallel proceedings being pursued at the instance of the same person. Hence, we direct this appeal to be treated as disposed of and the interim orders dated 24-12-2003 and 16-1-2004 passed by this Court to remain in operation till the High Court has heard and decided the application dated 18-12-2003 filed by the appellant herein who is Respondent 6 in the High Court. 6. We request the High Court to take up the matter for hearing at an early date. We allow liberty to the parties to make a mention in this regard either before the Honble the Chief Justice or the Bench concerned seized of hearing in the matter in the High Court. 7. No order as to costs.