- (1.) Leave granted. Heard.
(2.) In the year 2003, respondents 1 and 2 filed a suit for possession against the appellant and third respondent. In the said suit, respondents 1 and 2 filed, among others, an application for summoning the original files of C.S. No.100/1997, which was a disposed of suit, and C.S. No.146/2004, which is a pending suit filed by the appellant. The said application was dismissed by the trial Court by order dated 25.8.2008. Respondents 1 and 2 challenged the said order of the trial Court in W.P. No.13909/2008. Respondents 1 and 2 had filed two other writ petitions No.13908/2008 and 13910/2008 being aggrieved by two other interim orders passed by the trial Court. The High Court, by a common order dated 18.3.2009, allowed all the three writ petitions. Feeling aggrieved by the order in so far as it allowed the writ petition No.13909/2008, the appellant has filed this appeal by special leave.
(3.) The appellant's contention is while the High Court has given reasons for allowing W.P. Nos. 13908/2008 and 13910/2008, it has assigned no reason for allowing W.P. No.13909/2008 and on that ground alone, the impugned order should be set aside. According to the appellant, even on merits, the said order cannot be supported, as there is no need to summon the records of a pending case.;