IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL FROM ORDER No 512 of 2002
For Approval and Signature:
HON'BLE MR.JUSTICE K.S.JHAVERI
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1. Whether Reporters of Local Papers may be allowed : NO
to see the judgements?
2. To be referred to the Reporter or not? : NO
3. Whether Their Lordships wish to see the fair copy : NO
of the judgement?
4. Whether this case involves a substantial question : NO
of law as to the interpretation of the Constitution
of India, 1950 of any Order made thereunder?
5. Whether it is to be circulated to the concerned : NO
Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals?
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BILKISBEN GULAMALI RANGWALA
Versus
HEIRS OF DECD. BUPATSING JIVANJI
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Appearance:
1. Appeal from Order No. 512 of 2002
MR SK BUKHARI for Appellant No.
………. for Respondent No. 1
MR HN BRAHMBHATT for Respondent No. 1/1-1/5
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CORAM : HON’BLE MR.JUSTICE K.S.JHAVERI
Date of decision: 01/02/2005
ORAL JUDGEMENT
1.The appellant has preferred this appeal from
order being aggrieved by the order dated 26/08/2002
passed in order below application exh.5 in Special Civil
Suit No.55 of 1999 by the learned 3rd Joint Civil Judge
(S.D.), Ahmedabad (Rural), whereby the said application
was rejected.
2.While admitting this Appeal from Order, this
Court in Civil Application No.9502 of 2002 had granted
interim relief in terms of Para-4(b) of the application
by which pending admission and final disposal of the
appeal, the respondents were restrained from dealing with
in any manner or disposing off the suit property in
question. Now, as status quo is operating, it would be
appropriate to direct the parties to maintain status quo
till the suit pending before the said Court is finally
disposed of.
3.I have heard learned counsel for the parties and
have perused the relevant documents on record. In view
of the facts and circumstances of the case, I am of the
opinion that ends of justice would be met if the trial
Court is directed to expedite the hearing of the said
suit while continuing the interim relief granted by this
Court.
4.Therefore, without entering into the merits of
the matter, the trial Court is directed to hear and
dispose of the suit being Special Civil Suit No.55 of
1999 pending before the Court of the learned 3rd Jt.
Civil Judge (S.D.), Ahmedabad (Rural) as expeditiously as
possible and preferably within a period of two years from
the date of receipt of writ of this order.
5.With the above observations and directions, the
Appeal from Order stands disposed of. Parties are
directed to maintain status quo till the said suit is
finally disposed of. Office is directed to send writ of
this order forthwith.
[K. S. JHAVERI, J.]
pravin/