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SCA/8256/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8256 of 2010
=========================================================
SHAKUNTALABEN
D/O PATEL SHANTILAL DAHYABHAI & 3 - Petitioner(s)
Versus
THAKORE
SHANABHAI DAHYABHAI - FOR & ALSO AS VAHIVATKARTA OF -
Respondent(s)
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Appearance
:
MS
KJ BRAHMBHATT for
Petitioner(s) : 1, 1.2.1,1.2.2 - 4.MSVARSHABRAHMBHATT for
Petitioner(s) : 1, 1.2.1,1.2.2 - 4.
MR MB PARIKH for Respondent(s)
: 1,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 18/03/2011
ORAL
ORDER
1. Rule.
Mr. M.B. Parikh, learned advocate appearing for the respondent
waives service of rule.
2. This
court while issuing notice on 28.07.2010 had directed the parties to
maintain status-quo with regard to the disputed land. Considering
the fact that the suit is of the year 2004, this court is of the
opinion that instead of entering into the merits of the matter, it
would be in the interest of justice to direct the trial court to
expedite the hearing of the suit.
3. Accordingly,
if an application is made by either side for expediting the hearing
of the suit, the trial court shall hear and dispose of the same as
expeditiously as possible. It is made clear that status quo shall be
maintained by both the sides till the final disposal of the suit by
the trial court. This court has not entered into the merits of the
matter and therefore the trial court while finally deciding the suit
shall not be influenced by the order passed by this court or by the
courts below in the interim applications.
4. In
view of the above, petition stands disposed of. Rule is discharged.
(K.S.
JHAVERI, J.)
Divya//
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