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SCA/4684/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4684 of 2007
==========================================
JAGDISH
VALLABHBHAI PATEL - Petitioner(s)
Versus
BABUBHAI
NATHABHAI RATHOD & 3 - Respondent(s)
==========================================
Appearance :
MR
MB GANDHI for Petitioner(s) : 1,
MR CHINMAY M
GANDHI for Petitioner(s) : 1,
MR BS PATEL for Respondent(s) : 1 -
2.
MRS RANJAN B PATEL for Respondent(s) : 1 - 2.
MR NV GANDHI
for Respondent(s) : 3,
NOTICE UNSERVED for Respondent(s) :
4,
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 30/07/2008
ORAL
ORDER
1. Heard
Shri M.B. Gandhi, learned advocate appearing on behalf of the
petitioner and Shri N.V. Gandhi, learned advocate appearing on behalf
of respondent no. 3-original third party.
2. By
way of this petition under Article 227 of the Constitution of India,
the petitioner has prayed for appropriate writ, order or direction
quashing and setting aside the impugned order passed by the learned
8th Additional Senior Civil Judge, Surat below Exh. 83 in
Regular Civil Suit No. 19/2004 by which the learned trial Court has
rejected the application submitted by the petitioner, who has heard
the application for breach of injunction even prior to joining the
third party in the suit.
3. Shri
N.V. Gandhi, learned advocate appearing on behalf of the
respondent-third party has submitted that there cannot be any
difficulty in proceeding with the application, as no relief is sought
against the third party. However, he has submitted that even the
application submitted by the third party, Exh. 66, is stayed because
of the present proceedings, and therefore, he has requested that
appropriate direction be issued directing the learned trial Court to
decide and dispose of the application as early as possible.
4. It
is required to be noted that so far as breach of injunction
application is concerned, it is between the petitioner and the
respondents-original defendants and the third party has nothing to do
with the said application, as no relief is sought against him, and,
therefore, it cannot be disputed if the said application is decided
and disposed of independently as independent proceedings. Under the
circumstances, if the said application is ordered to be heard first,
no prejudice will be caused to the third party, who is objecting to
the same. Under the circumstances, the learned trial Court is
directed to decide and dispose of the application for breach of
injunction in accordance with law and on its own merits within a
period of three months from the date of receipt of this order.
Similarly, the learned trial Court to decide and dispose of the Exh.
66 application submitted by the respondent-third party independently
within a period of four months from the date of receipt of the
present order but after the breach of injunction application is
heard, decided and disposed of.
5. So
far as the present order is concerned, the learned advocates
appearing on behalf of the both the parties have no objection. Order
accordingly.
6. With
this, the present Special Civil Application is disposed of.
(M.R.
SHAH, J.)
siji
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