Gujarat High Court Case Information System
Print
AO/35/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 35 of 2010
=========================================================
MAHESHBHAI
ARVINDBHAI KOTHARI - Appellant(s)
Versus
HARIOM
DAHYABHAI UPADHYAY & 5 - Respondent(s)
=========================================================
Appearance
:
MR
AJ PATEL for
Appellant(s) : 1,
None for Respondent(s) : 1,
MR JAYESH A DAVE
for Respondent(s) : 1.2.1, 1.2.2,1.2.3 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 28/02/2011
ORAL
ORDER
1. By
way of filing this appeal from order the appellant has challenged the
judgment and order dated 29.12.2009 passed below Exh.5 by learned
14th
Additional Senior Civil Judge, Vadodara, in Special Civil Suit No.
330 of 2008, whereby the learned Judge has rejected the Exhibit-5
application.
2. Heard
the learned Counsel for the appellant. On 18th February
2010 this Court has granted status quo and directed both the parties
to maintain status quo. Considering the facts and circumstances of
the case I am of the opinion that interest of justice would be met by
passing the following order:
“The
parties shall maintain status-quo granted by this Court while
admitting this matter till the disposal of the suit. If an
application is filed by the other side before the trial Court to
expedite the suit, the trial Court shall expedite the suit. Both
side shall co-operate with expeditious hearing of the suit. It is
made clear that while deciding the matter the Trial Court will not be
influenced by the observations made by both the Courts at the time of
passing of interim order.”
3. With
the aforesaid directions and observations, the appeal from order is
disposed of.
(K.S.JHAVERI,J.)
pawan
Top