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SCAO/101820/1981 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10182 of 2008
With
SPECIAL
CIVIL APPLICATION No. 10205 of 2008
=========================================
CHANDRESHBHAI
HARSUKHLAL VITHLANI & 3 - Petitioner(s)
Versus
RUPESH
HIMMATLAL ANADKAT - Respondent(s)
=========================================
Appearance
:
MR DC
SEJPAL for Petitioner(s) : 1 - 4.
MR ASHISH M
DAGLI for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 08/08/2008
ORAL
ORDER
1. Both
these petitions are arising out of one common order passed by the
learned Additional District Judge, 3rd Fast Track Court,
Rajkot dated 21/07/2008 below Exhs. 5, 6 and 7 in Civil Miscellaneous
Appeal No. 34/2008.
2. Heard
Shri P.M. Thakker, learned Senior advocate appearing on behalf of the
petitioners-original appellants-defendants and Shri Ashish Dagli,
learned advocate appearing on behalf of the respondent-original
plaintiff.
3. This
is a case where both the parties to the appeal are dissatisfied with
the order passed by the learned appellate Court below Exhs. 5, 6 and
7. This Court also finds that an unique order has been passed by
the learned appellate Court and as such this Court is not satisfied
at all with the order passed by the learned appellate Court.
4. As
there is broad consensus between the learned advocates appearing for
the respective parties, under instructions from their respective
clients, this Court is not assigning any further reasons and
discussing the matter at length.
5. Shri
P.M. Thaker, learned Senior advocate appearing on behalf of the
petitioners-original appellants-defendants and Shri Ashish Dagli,
learned advocate appearing on behalf of the respondent-original
plaintiff have jointly submitted that the impugned order passed by
the learned appellate Court below Exhs. 5, 6 and 7 in Civil
Miscellaneous Appeal No. 34/2008 be modified to the extent directing
both the sides to maintain status-quo i.e. not to use the disputed
premises in question till the final disposal of Civil Miscellaneous
Appeal No. 34/2008 and it is requested to issue appropriate direction
directing the learned appellate Court to decide and dispose of the
appeal within the stipulated time. It is submitted that the
aforesaid would be without prejudice to the rights and contention of
the respective parties and only by way of interim arrangement, till
the appeal is disposed of.
6.
Accordingly, both the Special Civil Applications are disposed of.
The impugned order passed by the learned Additional District Judge,
3rd Fast Track Court, Rajkot dated 21/07/2008 below Exhs.
5, 6 and 7 in Civil Miscellaneous Appeal No. 34/2008 is hereby
modified to the extent that both the parties to the suit shall
maintain status-quo with respect to the disputed property, meaning
thereby, nobody shall use the disputed property till the final
disposal of Civil Miscellaneous Appeal No. 34/2008 and the rest of
the order passed by the learned appellate Court in the impugned order
with respect to restraining the parties from transferring the
disputed property shall remain operative. The same would be without
prejudice to the rights and contention of the respective parties in
the appeal.
7. In
the facts and circumstances of the case, the learned District Judge,
Rajkot is directed to see that Civil Miscellaneous Appeal No. 34/2008
is decided and disposed of by the learned appellate Court within
three months from the date of receipt of this order and/or production
of the certified copy of this order. The learned District Judge,
Rajkot is also directed to see that Civil Miscellaneous Appeal No.
34/2008 is posted for hearing before any other Judge as it appears
and so observed by the learned Additional District Judge, 3rd
Fast Track Court, Rajkot that he has no time as he has several old
matters on civil, criminal and claim side. All the concerned shall
cooperate with the learned appellate Court for early disposal of the
aforesaid appeal and the suit within the stipulated time as stated
hereinabove.
(M.R.
SHAH, J.)
siji
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