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SCA/4426/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4426 of 2010
=====================================
SURYABEN
BIPINCHANDRA UPADHYAY & 1 - Petitioner(s)
Versus
KIRTIKUMAR
JAYRANCHHOD UPADHYAY & 2 - Respondent(s)
=====================================
Appearance
:
MR UDAYAN P VYAS for
Petitioner(s) : 1 - 2.
MR AMIT M. PANCHAL with MS. SHIVANI
RAJPUROHIT for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 12/04/2010
ORAL
ORDER
1.0 The
petitioners appellants original defendant nos. 1 and 2 are
before this Court being aggrieved by an order passed by the learned
2nd Additional District Judge, Nadiad in Misc. Civil
Appeal No. 1 of 2010 confirming the judgment and order dated 8th
December 2009 passed by the Principal Civil Judge, Dakor, below
application exh. 5 in Regular Civil Suit No. 2 of 2008.
2.0 The
learned advocate for the petitioners submitted that he is conscious
of the fact that there are concurrent orders of the two Courts below
against him. He submitted that the only submission which he wants to
press into service before this Court is that, the nature of the
relief granted by allowing exh. 5 application and dismissing appeal
filed against that order is such that, it amounts to allowing the
suit of the plaintiff. On the other hand, the learned Advocate for
the respondent original plaintiff submitted that if exh. 5
application would not have been allowed, the same would have resulted
into dismissal of the suit.
3.0 After
the matter is heard for some time, the learned Advocate for the
petitioners requested that it will be in fitness of things and in the
interest of justice that the Court below is directed to decide the
suit in a time frame so as to see that the dispute between the
parties come to get adjudicated at the earliest.
3.1 The
request is found reasonable. The same is allowed. The Court below
is directed to give priority to Regular Civil Suit
No. 2 of 2008
and decide the same as expeditiously as possible, preferably within
06 (six) months from the date of receipt of this order.
3.2 This
direction is issued on an assurance given by the learned advocates
appearing for the parties before this Court that their counter parts
shall extend full cooperation to the learned Judge to enable him to
decide the same as directed by this Court.
4.0 The
petition is accordingly disposed of.
[
Ravi R. Tripathi, J. ]
hiren
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