LAWS(GAU)-2002-6-8

AIRPORT AUTHORITY OF INDIA Vs. PARADISE HOTEL AND RESTAURANT

Decided On June 14, 2002
AIRPORT AUTHORITY OF INDIA Appellant
V/S
PARADISE HOTEL AND RESTAURANT Respondents

JUDGEMENT

(1.) When a person, either because of his own fault or because of deliberate mischievous actions of others, gets involved in protracted legal battles, it is but natural that such a person will knock the doors of every Court, which, in the opinion of such a person, can possibly give relief, which such a person may desire or deserve. The Courts, so approached, may not, however, be competent to give relief, because Courts have to deal with such cases dispassionately, for, compassionate considerations may lead the Court to grant reliefs, which it is not legally competent to grant, and cause thereby aberrations in the administration of justice. The present revision petition is one of such cases. In fact, the present revision petition appears to be a desperate attempt by a litigant, who has visibly become fed-up with continuous litigation and is apparently unable to achieve its object.

(2.) This revision is directed against the order, dated 28-2-2002, passed by learned District Judge, Jorhat, in Misc. Case No. 36/2002, arising out of Title Suit No. 02/2002, whereby parties to the suit have been directed to maintain status quo. This case has a long history and it was inevitable that the revision petitioners, while approaching this Court under Art. 227 of the Constitution of India read with S. 115 with the Code of Civil Procedure (hereinafter referred to as "the Court"), lay before the Court facts of various rounds of litigations that they had with the opposite party. The facts of this case are, therefore, quite lengthy. I will attempt to reflect the cases of the parties in a concised form as possible. The facts and various stages, which have led to this revision, may, in brief, be stated as follows :-

(3.) I have carefully perused entire record including the impugned order, I have heard Mr. K. N. Choudhury, learned Senior Counsel appearing for the petitioner, and Mr. R. N. Choudhury, learned Senior Counsel appearing on behalf of the opposite party.