HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR Dated 16-7-2010 C.R.P. No.5750 of 2006 Between: Nagarjuna Investors Services Ltd., a Company incorporated under the Companies Act, 1956, having its registered office at Nagarjuna Hills, Panjagutta, Hyderabad, represented by its authorized signatory, R.V.Krishnan. …Petitioner. And: B.V.P.Kedar and others. …Respondents. HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.5750 of 2006 ORDER: This revision is preferred by the plaintiff, who sought an order on an application filed under Order 38 Rule 5 read with Order 21 Rule 46A C.P.C. which was dismissed by the trial Court. 2. While issuing notice before admission on 22-11-2006, this Court had passed a reasoned order as follows: “Learned counsel for the petitioner is also permitted to take out personal notice to the respondents and file proof of service. The question as to whether an order under Rule 46 of Order 21 C.P.C. can be passed, even while the suit is pending and a decree is yet to be passed, needs to be examined. The learned counsel for the petitioner submits that as of now, the liability of the first respondent towards the petitioner is about Rs.56,00,000/- and unless, adequate steps are taken, there is every likelihood of the decree that may be passed in the suit being defeated. Hence, there shall be interim direction, as prayed for, to be in force, for a period of four (4) weeks. Post after two (2) weeks. Thereafter, this C.R.P. was admitted on 8-12-2006 and interim direction as aforesaid was directed to be continued. 3. The revision is now coming up for final disposal. 4. Both the learned counsel submitted that the suit out of which the present revision arose is of the year 2005 and the trial is almost at the completion stage. In view of the said circumstances, and the lapse of time so far, it would be unnecessary to decide this revision on merits inasmuch as the interim order is operating for the last four years. It would therefore, be proper, in the interest of justice, to dispose of the C.R.P. by directing the Court below to hear and decide the suit itself within a period of two months from the date of receipt of a copy of this order and pending disposal of the suit, the interim order as above shall continue to remain in operation and shall be subject to the judgment and decree in the suit. It is made clear that all the contentions of the parties are kept open and both parties are free to urge, all questions on law and fact as they deem relevant to the issue, in the suit itself. 5. Accordingly, this C.R.P. is disposed of. No costs. _____________________________________ JUSTICE VILAS V. AFZULPURKAR Dated 16-7-2010 Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.5750 of 2006 Dated 16-7-2010