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SCA/101/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 101 of 2008
=========================================================
ASHOK
GOPALBHAI BRAHMKSHATRIYA & 2 - Petitioner(s)
Versus
ISMAILBHAI
ABDULBHAI VAHORA - Respondent(s)
=========================================================
Appearance
:
MR
PM BHATT FOR MR AR LAKHIA for
Petitioners.
MR MTM HAKIM for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/07/2008
ORAL
ORDER
1.
Considering the fact that the interim relief granted below Exh.5 is
in operation at least since September 2006 and in between there was
no relief and the suit is of the year 2003, Shri P.M.Bhatt, learned
advocate appearing on behalf of the petitioners-original defendants
has requested that if a suitable direction is issued directing the
trial court to decide and dispose of the suit expeditiously and
within stipulated time, the petitioners will be satisfied. The
requests seems to be reasonable as the suit itself is of the year
2003.
2.
Under the circumstances, the trial court is directed to decide and
dispose of the suit expeditiously but not later than 31st
December, 2009, in accordance with law and on its own merits without
in any way being influenced by any of the observations made by both
the courts below while passing the order at Exh.5 and by the
appellate court as any observations will be tentative while
considering the interim application only. All concerned are directed
to cooperate the trial court in early disposal of the suit. If the
pleadings are not completed, the parties are directed to complete the
pleadings within four months from today.
3.
With these, present petition is disposed of. Notice is discharged
with no order as to costs. Registry is directed to send the writ of
this order to the trial court immediately.
(
M.R. SHAH, J. )
syed/
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