LAW FOR ALL

Pending main suit, no court should express final opinions on a case of the party at the stage of interim applications = Mr. Ravi Shankar Prasad, learned senior counsel for the appellant is fully justified in contending that the Division Bench while deciding the Notice of Motion has exceeded its power and jurisdiction in commenting the conduct of the appellant herein (respondent No.2 therein) stating that she approached the Court on the basis of false and fabricated documents. When the main suits are pending, particularly, the appellant before us is a stranger in the pending suits, we are of the view that such observation that respondent No.2 therein (appellant herein) had approached the Court on the basis of false and fabricated documents is not warranted and those observations have to be eschewed and we rightly do so. We intend to dispose of these appeals by issuing the following directions: (i) The Court concerned, viz., City Civil Court (we were not informed about the exact Court before which the suits have been transferred from the original side of the High Court) is directed to dispose of the suits within a period of one year from the date of the receipt of copy of this judgment. (ii) The deposited amount of Rs.98 lakhs invested in a Nationalized Bank be renewed periodically and disbursed subject to the orders of the court concerned. (iii) All the observations/directions, particularly, the expression of the Division Bench about the alleged conduct of respondent No.2 therein (appellant herein) that she had approached the Court on the basis of false and fabricated documents, is deleted and the trial Court is directed to decide the issue on merits on the basis of the materials to be placed before it. (iv) The Court concerned is directed to adhere to the time schedule and dispose of all the suits, after affording opportunity to all the parties including the appellant herein, uninfluenced by any of the reasoning of the High Court and this Court. (v) The limited protection granted by this Court on 20.04.2012 directing all the parties to maintain status quo prevailing as on that date shall be continued till final decision being taken in the suits as directed above. 9) All the appeals are disposed of on the above terms. There shall be no order as to costs.