Parmanand Agarwal and anr. Vs. Parmeshwar Das Agarwal and ors.

the court : on being mentioned, the matter is taken up for hearing after treating the same as on days list by consent of the parties. let there be an order in terms of prayer (a) of the application. we have heard the learned counsel for the parties on interim orders. we think in the given facts and circumstances it will not be proper for this court to pass any interim order unless the appeal is finally heard. in so far as the proceedings before the company judge is concerned, that may proceed. we make it clear that any decision taken by the company judge being amenable to an appeal and in case any party is aggrieved and prefers an appeal, then this appeal can be heard along with company appeal by the same bench so that there is no conflict in orders which will be required to be passed. we are prima facie of the view that no irreparable loss is likely to be suffered by any of the parties as the property, which is the subject matter of the suit, is within the family. our attention has been brought to the fact that the original defendant nos.1 and 2 have preferred an appeal impugning the order of the learned single judge allowing the amendment application filed by the original plaintiff. the said appeal, being apot no.488 of 2010, can also be heard along with the present appeal. paper books have been filed in court today. settlement of index and all other formalities are dispensed with. the matter be listed for hearing after four weeks. it will be open to the parties to move the court if any contingency arises. urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.