The Court disposed of the first appeal as infructuous on the ground that final arguments had already been addressed in a related appeal (FAO No.3268 of 2008) which was disposed of because the suit was to be disposed of expeditiously.
Appeal disposed of as infructuous.
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FAO No.3269 of 2008
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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
FAO No.3269 of 2008
Date of decision : 19.2.2010
M/s Sahib Seeds Limited, Karnal
..Appellant.
Vs.
Bhathal Seed Store, Ludhiana
..Respondent.
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
Present : Mr.Adarsh Jain, Advocate for the appellant.
None for the respondent.
RAKESH KUMAR JAIN, J.
Counsel for the appellant has submitted that three appeals bearing FAO Nos.3268, 3269 and 3270 of 2008 arising out of similar order, were filed in this Court out of which FAO No.3268 of 2008 was disposed of on 27.10.2009 by this Court in which the following order was passed:
“Learned counsel for the appellant states that evidence in the main suit is almost complete.
Learned counsel for the respondent further states that remaining evidence of the defendant shall be completed within two months.
Learned counsel for the parties state that they will be satisfied if a direction to dispose of the appeal expeditiously is passed.
In view of the same, the present appeal is disposed of with a direction to learned Addl.District Judge, Karnal to dispose of the suit within three months from 5.11.2009, the next date fixed before the trial Court.
FAO No.3269 of 2008
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Disposed off accordingly.”
Learned counsel for the appellant has submitted that according
to his information, all the three appeals have come to an end as final arguments have already been addressed. Therefore, it is prayed that both these appeals have become infructuous and the same may be disposed of as such.
I order accordingly.
19.2.2010 Meenu
(RAKESH KUMAR JAIN) JUDGE
2 issues framed by the court
Whether three appeals arising from a similar order, having become final, are infructuous and require disposal.
Whether the lower appeal in FAO No.3268 of 2008 disposed of in terms of similar circumstances.
M/s Sahib Seeds Limited, Karnal
Bhathal Seed Store, Ludhiana
Raksh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
