- (1.) None appears for the appellant even on second round.
(2.) The case was earlier listed three times and adjournment was sought, which shows that the appellant is not interested in prosecuting this appeal. However, in the interest of justice we have heard the learned counsel for the respondents and it has been pointed out that the learned Single Judge has dismissed the writ application on the ground that a suit has already been filed and that is pending. Once when the findings of the learned court below is that a suit is pending, writ petition is not liable to be entertained.
(3.) We do not think that any different view is liable to be taken. In a proceeding, if regular civil suit is pending, no relief can be granted. Therefore, after hearing the learned counsel for the respondents, we are of the considered view that no fruitful purpose would be served out for keeping the petition pending and the same is accordingly dismissed.;