1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 410 of 2009 M/S. GANPATI DIAGNOSTIC CENTRE V/S STATE & ORS Mr. LR MEHTA, DR. P.S.BHATI, for the appellant / petitioner Mr. MS SINGHVI, for the respondent Date of Order : 15.5.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI GOVIND MATHUR,J. ORDER ----- Heard learned counsel for the parties for some time. After hearing learned counsel, in our view, it appears that the main grievance of the appellant in hearts of hearts is that by the impugned order the learned Courts below have practically decided the whole controversy, leaving nothing to be decided in the main suit. We may clarify that these orders are purely interlocutory orders deciding application under Order 39 Rule 1 and 2, and the suit is to be decided on its own merits, and these orders are clearly and definitely subject to the ultimate out come of the suit. It is also clarified that in hearing and deciding the suit, the learned Courts below will not in any manner be obsessed, nor shall they take into consideration any of the findings recorded or 2 observations made in any of the impugned orders. Likewise, looking to the controversy involved and urgency of the matter, and likely effact, that the financial sufferances of the aggrieved parties may be heavy, while if the commissioning of machinery is obstructed, the sufferings of the public at large would be still higher, it is directed that the learned trial Court should decide the matter utmost expeditiously, refusing all avoidable adjournments, and when the matter comes at the stage of evidence, preferably taking evidence on day to day basis. Both the learned counsel appearing on either side before this Court also assure that they will extend their utmost cooperation in expeditious disposal of the suit. With this, we do not feel inclined to interfere with the impugned order. The appeal is, therefore, dismissed with the above directions and clarifications. ( GOVIND MATHUR ),J. ( N P GUPTA ),J. /tarun/