IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.704 of 2006 RAGHUNANDAN THAKUR Versus ASUTOSH SHAHI & ORS ----------- 2 15.7.2008 Heard Counsel for the petitioner. This Court taking into consideration the judgment of the Apex Court in the case of Hindustan Aeronautics Vs. Ajit Prasad reported in AIR 1973 SC 76, does not find any jurisdictional error in the impugned order refusing to set aside the order declining grant of injunction to the petitioner. Counsel for the petitioner however submits that while deciding the interlocutory matter with regard to the grant of injunction and its being considered at the appellate stage, both the Courts while declining injunction to the petitioner and/or affirming such order of the Court below, has given certain findings of fact which may substantially prejudice the petitioner in the ultimate disposal of the suit. In the opinion of this Court, such apprehension of the petitioner is wholly misconceived because whatever observations have been made in the impugned order are confined only for the purposes of the disposal of such interlocutory matter and cannot be made the basis for giving judgment by the trial court which would always the decide suit on merits in the light of the evidence adduced by 2 the parties. Considering however the fact, that the suit is of the year 1997, the Court below is directed to ensure that the same is disposed of within a period of two years from the date of production/receipt of a copy of this order. With the aforementioned observations and directions, the Civil Revision application being devoid of any merit is dismissed. Rsh (Mihir Kumar Jha, J.)