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SCA/635/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 635 of 2011
=========================================================
ANILBHAI
SHANTILAL GANDHI & 2 - Petitioner(s)
Versus
TARUN
CHANDULAL PUROHIT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
JC VYAS for
Petitioner(s) : 1 - 3.
None for Respondent(s) : 1 - 3, 3.2.1,3.2.2
- 4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 21/01/2011
ORAL
ORDER
The
present petition has been preferred by the petitioners-original
defendants against the impugned order dated 07.08.2009 passed by the
learned Civil Judge, Gandhinagar below Exh.53 in Regular Civil Suit
No. 72 of 1997 whereby the application Exh. 53 preferred by the
respondents-original plaintiffs for revival of ad-interim ex-parte
order of status quo granted by learned Civil Judge below Exh. 5 in
Regular Civil Suit No. 72 of 1997 was allowed. It was also ordered by
the learned Judge that hearing of Exh. 5 shall be concluded within a
period of 30 days from the date of the order below Exh. 53 i.e
07.08.2009. Hence, the application Exh.53 is restored by the learned
Judge on condition that the Exh.5 application shall be decided within
period of thirty days from the date of the order below Exh.53 i.e.
07.08.2009.
It
is informed that the respondents- original plaintiffs are not
co-operating in proceedings of Exh. 5 application. In that view of
matter, I am of the opinion that the trial Court will take up the
matter i.e. Exh. 5 application in Regular Civil Suit No. 72 of 1997
on day-today basis and will dispose of the application Exh. 5 on or
before 28.02.2011. It is made clear that interim relief which was
granted by the trial Court below Exh. 5 application is restricted
only upto 28.02.2011. It is also made clear that if the
respondents-original plaintiff will not co-operate with the
proceedings of application Exh.5, the trial Court will proceed
ex-parte and will decide the same. The trial Court will not extend
the interim relief without permission of this Court as the
petitioners-original defendants have moved before this Court by way
of petition. This order is passed with a view to avoid unwanted
litigation and expenses. The petition stands disposed of accordingly.
Direct service is permitted.
(K.S.JHAVERI,
J.)
niru*
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