G.R. No. L-2437. August 26, 1948
ARRANQUE MARKET EXTENSION CHINESE VENDORS’ ASSOCIATION, PETITIONER, VS. DE LA FUENTE ET AL., RESPONDENTS.
Decisions / Signed Resolutions August 26, 1948
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CERTIORARI; PRELIMINARY INJUNCTION.—Petition for certiorari is dismissed on
the ground that the petitioner’s remedy is an appeal, and besides the petitioner
has already appealed from the said order of the court according to paragraph XI
of the petition. There is no showing nor allegation in the petition that the
respondent judge has ever refused to grant a petition for injunction during the
pendency of the appeal, or if it has refused to grant such injunction, acted
with grave abuse of discretion. The new allegation in the petition that the City
now claims the building owned by the petitioners and erected in the stalls
(contrary to the resolution of this Court of March 5, 1948), is groundless
because the order of the respondent mayor requires the petitioner only to vacate
the stalls or places.
the ground that the petitioner’s remedy is an appeal, and besides the petitioner
has already appealed from the said order of the court according to paragraph XI
of the petition. There is no showing nor allegation in the petition that the
respondent judge has ever refused to grant a petition for injunction during the
pendency of the appeal, or if it has refused to grant such injunction, acted
with grave abuse of discretion. The new allegation in the petition that the City
now claims the building owned by the petitioners and erected in the stalls
(contrary to the resolution of this Court of March 5, 1948), is groundless
because the order of the respondent mayor requires the petitioner only to vacate
the stalls or places.
[G.R. No. L-2437, Minutes of August 26, 1948]