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CRA/1200/2001 1/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
REVISION APPLICATION No. 1200 of 2001
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
BHAVNAGAR
MUNI.CORPO. - Applicant(s)
Versus
MULUBHA
DADBHA GADHVI & 1 - Opponent(s)
=========================================
Appearance :
MR
HS MUNSHAW for
Applicant(s) : 1,
SERVED BY AFFIX.-(R) for Opponent(s) : 1,
MR
BM MANGUKIYA for Opponent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 14/05/2010
ORAL
JUDGMENT
1. Present
Civil Revision Application under section 115 of the Code of Civil
Procedure has been preferred by the applicant original respondent
no.1 to quash and set aside impugned order dated 06.09.2001 passed by
the learned Joint District Judge, Bhavnagar in application below
Exh.19 and 30 in Regular Civil Appeal No.70 of 1997.
2. At
the outset it is required to be noted that present Civil Revision
Application arises out of interlocutory / interim order passed by the
learned Joint District Judge, Bhavnagar passed below Exh.19 and 30 in
Regular Civil Appeal No.70 of 1997 issuing certain directions to the
applicant during pendency of Regular Civil Appeal No.70 of 1997.
While admitting present Revision Application learned Single Judge has
passed the order directing to maintain status quo as on
18.10.2001 which has been continued till date. It is reported that
Regular Civil Appeal No.70 of 1997 is still pending for final
disposal.
3. In
view of above, present Revision Application can be disposed of by
directing learned Appellate Court to decide and dispose of Regular
Civil Appeal No.70 of 1997 at the earliest and within stipulated time
and until then parties be directed to maintain status-quo. Even
otherwise considering directions issued by the learned Appellate
Court, Bhavnagar below Exh.19 and 30 in Regular Civil Appeal No.70
of 1997 which has been issued during pendency of appeal, impugned
order cannot be sustained as by issuing such directions, learned
Appellate Court has virtually allowed the appeal.
4. In
view of above and for the reasons stated above, present Civil
Revision Application is disposed of by directing learned Appellate
Court i.e. Principal District Judge, Bhavnagar to decide and dispose
of Regular Civil Appeal No.70 of 1997 in accordance with law at the
earliest but not later than 31st December, 2010 and until
then interim order passed by this Court directing parties to maintain
status-quo as on 18.10.2001 is directed to be continued without
prejudice to rights and contentions of respective parties. Learned
Principal District Judge, Bhavnagar is hereby directed to see that
aforesaid Regular Civil Appeal which is of the year 1997 is decided
and disposed of at the earliest and within stipulated time as stated
above without fail. All concerned are directed to cooperate learned
Appellate Court in early disposal of Regular Civil Appeal. Registry
is directed to send Writ of this order to the learned Principal
District Judge, Bhavnagar immediately.
[M.R.Shah,J.]
satish
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