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LPA/990/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 990 of 2010
In
SPECIAL
CIVIL APPLICATION No. 5043 of 2010
With
CIVIL
APPLICATION No. 4618 of 2010
In
LETTERS
PATENT APPEAL No. 990 of 2010
=================================================
ASHOKBHAI
SHANKARBHAI PATEL - Appellant(s)
Versus
VITTHALBHAI
UKABHAI PARMAR & 2 - Respondent(s)
=================================================
Appearance :
MR
BS PATEL for Appellant(s) : 1,
None for Respondent(s) : 1 -
3.
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 29/04/2010
ORAL ORDER
(Per
: HONOURABLE MR. JUSTICE AKIL KURESHI)
This
appeal is directed against the decision of the learned Single Judge
dated 23.4.2010 passed in Special Civil Application No. 5043 of 2010.
The appellant has filed the said petition challenging the order
dated 9.4.2010 passed by the learned Presiding Officer, Fast Track
Court No. 1, Vadodara in Civil Misc. Appeal No. 111 of 2009. By the
said order, the learned appellate Judge granted stay in favour of the
original plaintiffs in Regular Civil Suit No. 702 of 2008 and
directed the status quo to be maintained in terms of para 7 of Exh. 5
application of the suit. It may be recorded that subsequently the
present appellant had moved an application (Exh. 12) before the said
Court in which by an order dated 23.4.2010, the following
observations made :-
4. Considering
the said set of facts, when the appellant strongly objected this
application and given the reasons in the said application. The court
has already ordered to maintain the status quo by both the parties,
therefore, according to my belief, it cannot be caused any prejudice
to the respondent case. Considering the record, the entire disputed
land is within the custody of the respondent and therefore by passing
the order of maintaining the status quo is equitable relief granted
in the interest of justice.
2. In
view of the said observations of the learned appellate Judge in his
further order dated 23.4.2010 which clarified the original order
dated 9.4.2010, we see no reason to entertain the appeal. Both the
sides are expected to follow the directions and observations made in
the order dated 9.4.2010 and subsequent order dated 23.4.2010. All
the contentions are kept open to be taken into consideration by the
trial Court at the time of disposal of the suit.
3. The
appeal stands disposed of accordingly. The Civil Application does
not survive and the same is also disposed of.
[S.J.
MUKHOPADHAYA, CJ.]
[AKIL
KURESHI, J.]
sundar/-
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