HON’BLE THE ACTING CHIEF JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE V. SURI APPA RAO W.A.No. 439 OF 2010 Date: 16-11-2010 Between: The State Bank of Mysore, Hyderabad Region, ……… appellant And K. Maheshwaraiah and others ……… Respondents HON’BLE THE ACTING CHIEF JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE V. SURI APPA RAO W.A.No. 439 OF 2010 JUDGMENT: (Per HACJ) This Appeal is at the instance of the second respondent-bank in W.P.No.29008 of 2008 aggrieved by the order passed in W.V.M.P.No.478 of 2009 making the stay absolute, granted in W.P.M.P.No.37920 of 2008 filed in the said writ petition by the contesting respondent herein. Though several contentions are sought to be urged on behalf of the appellant as well as the respondents on merits, the fact remains that initially, while admitting the writ petition, the interim order was granted by the learned single Judge on 31-12-2008 and the same was made absolute as per the order, dated 22-03-2010 passed in the vacate stay application, against which the present appeal is filed. This Court on 16-07-2010, while admitting the writ appeal, granted interim suspension and the same is still subsisting. In view of the same and also in view of the fact that the appeal arose out of the interim proceedings, this Court is refrained from going into the merits of the case since the main writ petition is pending consideration on the file of this Court. Instead, we feel it appropriate that the writ petition itself can be taken up for final disposal. Hence, the Writ Appeal is dismissed. No order as to costs. Registry is directed to post the writ petition for ‘final hearing’ on 22-11- 2010 subject to ‘part heard’ before the regular Court hearing the writ petition. It is needless to mention that the interim suspension granted by this Court on 16-07-2010 shall remain in force till the disposal of the writ petition. ____________________ B. PRAKASH RAO, HACJ _________________ V. SURI APPA RAO, J Date: 16-11-2010 YCR