A A MOHAN Vs. SHANMUGHAVEL

JUDGEMENT

(1.) The above matter has been placed before us again under the orders of the Hon'ble Chief Justice dt. 4-2-1997 in view of the fact that M. Srinivasan, J. as he then was, who presided over the Bench along with one of us (A. R. Lakshmanan, J.) which dealt with O.S.A. No. 147 of 1995 has since been elevated as the Chief Justice of the Himachal Pradesh High Court.

(2.) The judgment in O.S.A. No. 147 of 1995 was delivered by M. Srinivasan, J. as he then was, on behalf of the Bench. In the course of disposal of the appeal, certain observations had been made by the Bench in paragraphs 9 and 10 of the said judgment. The said observations came to be made in the context of certain events noticed in paragraphs 5 to 8. In view of the above, the petitioner herein has moved the Supreme Court by means of a Special Leave Petition in I.A. No. 1 in Petition for Special Leave to Appeal (Civil) No. 1643 of 1996. A copy of the Special Leave petition was placed before us. A perusal of the same indicates that the appeal itself was confined to the observations made in paragraphs 6 to 11 of the judgment in O.S.A. No. 147 of 1995 and not at any rate, with reference to the disputes between the parties or the merits of the claim as such.

(3.) When the matter came before the Supreme Court on 16-4-1996, their Lordships have passed the following order :