CRP 134/2011 BEFORE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr SS Sharma, learned senior counsel assisted by Ms L. Sharma, appearing f or the petitioner. Challenge made in this revision petition is to the order dated 08.03.2011 passed in Misc (A) Case No. 5/2010 issuing direction to the appellant (petitioner here in) to take steps upon the respondent ignoring the fact that respondent has alr eady appeared by lodging a caveat in the Misc. Appeal through learned counsel b ut the learned appellate Court, instead of fixing the date for hearing fixed the next date for service report. The petitioner, as appellant, had filed Misc. Appeal No. 5/2010 in the Court of District Judge, Bongaigaon against the order dated 12.11.2010 passed by the lear ned Civil Judge, Bongaigaon in Misc (J) Case No. 4/2010 (arising out of TS No. 5 /2010), whereby the status quo order dated 17.02.2010 was directed to continue t ill the disposal of TS No. 5/2010. Since the respondent/plaintiff had lodged a c aveat, in the appellate Court, a copy of Memo of Appeal and stay petition were s erved upon the counsel representing the respondent and the appeal was admitted f or hearing after hearing the learned counsel appearing for the parties on 09.02. 2011 posting for records on 08.03.2011. Appearing on behalf of the petitioner, Mr Sharma, learned senior counsel has sub mitted that admittedly the appeal was admitted after hearing the learned counsel appearing for both the parties and therefore directing the appellant to take st eps upon the respondents does not arise. Mr. Sharma has further submitted that t he relevant record was called for and the same has also been received by the lea rned first appellate court and the matter is ready for hearing. In the aforesai d background limited prayer of the petitioner is for a direction to the learned first appellate court to hear the matter within time frame. I have perused the impugned order dated 08.03.2011, also perused the materials a vailable on record. Admittedly, the Misc. Appeal was admitted on 09.02.2011 afte r hearing the learned counsel appearing for both the parties. Therefore, taking steps upon the respondents again does not arise. As the next date is fixed on 12.05.2011 for service report, the learned appella te court is directed to fix a date for hearing on 12.05.2011 instead of waiting for service report. As the matter relates to injunction and the appeal is ready for hearing, the Misc. appeal would be heard and disposed of expeditiously prefe rably within six (6) weeks from 12.5.2011. Learned counsel appearing for the petitioner shall furnish a certified copy of t his order before the learned appellate court on 12.05.2011 i.e. the next date fi xed. With the aforesaid direction, the revision petition stands disposed of