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EN BANC

G.R. No. L-17069             September 28, 1964

LIANGA BAY LOGGING CO., INC., Petitioner, vs. HON. ANDRES REYES, Judge of the Court of First Instance of Rizal, and GENERAL ENTERPRISES INC., Respondents.

Sabido & Sabido Law Office for petitioner.
Feria, Manglapus & Associates and Enrique D. Tayag for respondents.

R E S O L U T I O N^*

REGALA, J.:chanrobles virtual law library

          This is a petition to annul the order of the Court of First Instance of Rizal, dated April 12, 1960, in Civil Case No. 6030.chanroblesvirtualawlibrarychanrobles virtual law library

          In the said order, a writ of preliminary injunction was issued against the petitioner herein, Lianga Bay Logging Co. Inc. enjoining the latter from -

          ... diverting to third parties and/or for other purpose any logs produced by it from Lianga, Surigao timber concession unless defendant's commitments to plaintiff of at least 2,000,000 board feet of logs be first complied upon posting by the plaintiff of a bond in the sum of P5,000.00 to the satisfaction of the Court, conditioned to pay defendant damages if it be found and adjudged that the plaintiff were not entitled to the issuance of the writ.

          The lower court later on decided the case in favor of the herein respondent (petitioner or plaintiff therein), so that the preliminary injunctive writ under question was made permanent. The herein petitioner appealed before Us and that companion case was docketed as General Enterprises, Inc., Plaintiff-Appellee, v. Lianga Bay Logging Co., Inc. Defendant-Appellant, G. R. No. L-18487. Last August 31, 1964, We affirmed the decision of the lower court.chanroblesvirtualawlibrarychanrobles virtual law library

          Since the present petition is merely incidental to the main case which, as aforesaid, had been decide by Us recently, the question as to the propriety of the issuance of the order complained of has become moot and academic.chanroblesvirtualawlibrarychanrobles virtual law library

          The case is hereby dismissed. No costs.

Bengzon, C.J., Bautista Angelo, Concepcion, Reyes, J.B.L., Paredes, Dizon, Makalintal, Bengzon, J.P., and Zaldivar, JJ., concur.
Barrera, J., took no part.

Endnotes:

^*Editor's Note: See companion in 11 SCRA 733