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SCA/4236/2005 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4236 of 2005
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HARISHBHAI
AMBALAL PATEL - Petitioner(s)
Versus
JITENDRAKUMAR
BHAILALBHAI PATEL & 3 - Respondent(s)
=========================================================
Appearance
:
MR
DC DAVE for
Petitioner(s) : 1,
MR AR MAJMUDAR for Respondent(s) : 1,
DS
AFF.NOT FILED (R) for Respondent(s) : 2,
None for Respondent(s) :
3, 3.2.1,3.2.2
NOTICE SERVED for Respondent(s) :
4,
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CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 14/10/2011
ORAL
ORDER
1. None
present for the respondent. The present petition is converted from
Revision Application No.88 of 2002 and what is sought to be
challenged is the judgment and order dated 24.01.2002 below Exhibit
17 of learned Joint District Judge, Anand, in Civil Miscellaneous
Application No.143 of 2001. The challenge is restricted to the extent
the impugned order has the effect of permitting respondent No.4 to
continue the work of repair and renovation of the suit premises.
2. It
was fairly conceded by learned counsel Mr.D.C.Dave appearing for the
petitioner that the impugned order dated 24.01.2002 is really an
interim order pending final hearing of the appeal of respondent No.1
herein and, by the impugned order itself, the appeal was fixed for
hearing on 04.02.2002. Thus, considerable time has elapsed and in the
meantime, by virtue of an interim order herein, status-quo in respect
of the suit premises has been maintained, practically denying the use
of the suit premises by any of the parties. It was further fairly
conceded that the original appeal pending before the learned Joint
District Judge was required to be expeditiously heard and disposed on
merits.
3. Therefore,
in absence of any advocate for any of the respondents, it was
submitted that the petition may be disposed without entering into
merits only with a direction to learned Joint District Judge, Anand,
to hear the appeal within specified time and to continue to maintain
the status-quo in the meantime.
4. Accordingly,
the petition is disposed, without entering into merits with the
direction that the original appeal of respondent No.1, pending before
learned Joint District Judge, Anand, shall be heard and disposed as
expeditiously as practicable and preferably within a period of three
months and in the meantime, the parties shall maintain status-quo as
on today in respect of the suit premises.
5. Subject
to the above directions, Rule is discharged with no order as to
costs.
(D.H.Waghela,
J.)
(sunil)
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