[ G.R. No. L-2437. August 26, 1948 ]

[ G.R. No. L-2437. August 26, 1948 ]

G.R. No. L-2437

[ G.R. No. L-2437. August 26, 1948 ]

ARRANQUE MARKET EXTENSION CHINESE VENDORS' ASSOCIATION, PETITIONER, VS. DE LA FUENTE ET AL., RESPONDENTS.

R E S O L U T I O N

ARRANQUE MARKET EXTENSION CHINESE VENDORS' ASSOCIATION, PETITIONER, VS. DE LA FUENTE ET AL., RESPONDENTS.

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.

[G.R. No. L-2437, Minutes of August 26, 1948]