- (1.) LEAVE granted. Heard the learned counsel on both sides.
(2.) THE appellant had filed a suit in the trial court along with an application for grant of mandatory injunction to open an STD/PCO booth. The trial court passed an order in favour of the appellant permitting her to carry on the business till the agreement was valid. Being aggrieved thereby, the appellant (sic respondent) carried an appeal before the appellate court. The appeal was dismissed. A writ petition was moved before the High Court under Art. 227 of the Constitution of India. If the High Court was persuaded that there was no substance in the writ petition, it could have been dismissed; if it was persuaded that there was substance in the writ petition, it could have been allowed. Finally, it was persuaded to make a workable arrangement at the instance of both the parties. But we fail to see how the High Court, while disposing1 of the writ petition, could have disposed of the civil suit, which was still pending before the trial court.
(3.) WE , therefore, set aside the direction in para (f) of the impugned judgment and restore the civil suit. The impugned judgment1 shall stand modified accordingly.;