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2008 DIGILAW 2101 (MAD)

G. Babu v. Perundevi & Others

2008-06-30

A.KULASEKARAN

body2008
Judgment : By consent of the learned counsel on either side, this Writ Petition is taken up for final disposal. The learned Government Advocate takes notice for Respondents 7 and 8. 2. Heard both sides. 3. The prayer in the petition is for issuance of a writ of mandamus, directing the eighth respondent to dispose of the appeal bearing R.C.No.1112/2007/A2 dated 10.03.2008 within a time frame to be fixed by this Court and directing the seventh respondent not to give effect to the orders dated 25.01.2008 passed in R.C.No.10651/2007/M1 by the 7th respondent herein till the disposal of the appeal bearing R.C.No.1112/2007/A2 by the 8th respondent. 4. Learned counsel appearing for the petitioner submitted that the stay petition which was filed two months after filing of the appeal may be directed to be disposed of or the appeal itself may be disposed of by fixing time. Normally the stay petition is filed along with the appeal. But in this case, the petitioner has filed the stay petition belatedly. Now the prayer in this writ petition is to dispose of the appeal expeditiously and also to direct the seventh respondent not to give effect to the order dated 25.01.2008, which is a subject matter of the appeal. 5. So far as the prayer of the petitioner regarding disposal of the appeal is concerned, it is not difficult for this Court to give direction to the 8th respondent but the other direction to the seventh respondent not to give effect to the order dated 25.01.2009 cannot be ordered since the said order is the subject matter of the appeal. If any stay application is filed by the petitioner, the eighth respondent is requested to pass orders on it expeditiously pending disposal of the appeal. In any event, the appeal is ordered to be disposed of within a period eight weeks from today, after hearing the petitioner and respondents 1 to 6. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.