CRP 1/2010 BEFORE THE HON’BLE MR JUSTICE B.P. KATAKEY This petition has been filed by the respondent in FAO No.6(SH)/09 pendin g in the Court of learned Addl. District Judge at Shillong against the order dat ed 21.12.2009 whereby and where-under without hearing the present petitioner who lodged a caveat, an interim order was passed. I have heard Mr A. Paul, learned counsel for the petitioner as also Mr G N Sahewalla, learned senior counsel for the respondents. It appears from the impugned order dated 21.12.09 that though a caveat w as lodged by the present petitioner, the same was not taken into consideration b y the learned Court below on the ground that it was addressed to the Addl Deputy Commissioner instead of the Addl. District Judge, though the same was on the re cord of FAO No.6(SH)/09, and the same person was manning both the Courts below. The learned Court below thereafter, had passed an exparte order staying operatio n of the orders dated 24.7.09 and 14.12.2009 passed by the learned Assistant Dis trict Judge. Such order, as it appears, was passed till disposal of the FAO, whi ch was fixed for hearing on 9.2.2010, thereby depriving the present petitioner t o demonstrate before the learned court below that no interim order was called fo r. Since a caveat was lodged by the present petitioner and placed along wit h the records of FAO No.6(SH)/09, the learned Court below ought not to have refu sed to hear the present petitioner on the ground that the same was addressed to the Addl. Deputy Commissioner instead of the Addl. District Judge, though both t he learned Courts below were manned by the same person. The learned Court below has passed the order making the interim order absolute without even issuing any notice and giving an opportunity to the present petitioner of being heard on int erim order. In view of above, the present petition is disposed of with a direction t o the learned court below to decide on the prayer for interim order, on the next date fixed i.e. on 9.3.2010 if the appeal cannot be heard and disposed of on th at date. The parties are directed to appear before the learned Court below on 9. 3.2010. Till then, status quo as on today shall be maintained by the parties. The petition is accordingly disposed of. No costs.