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SCA/12582/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12582 of 2010
=========================================================
GAYATRI
CHARITABLE TRUST SAVARKUNDLA THRO VASHRAMBHAI TALAKS & 3 -
Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Petitioner(s) : 1 - 4.
GOVERNMENT PLEADER for Respondent(s) :
1,
DS AFF.NOT FILED (N) for Respondent(s) : 2 - 3.
MR MB PARIKH
for Respondent(s) : 4 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 04/02/2011
ORAL
ORDER
1. The
petitioners herein have challenged the order dated 08.09.2010 passed
by the District Court, Amreli in Regular Civil Appeal No. 19 of 2010
whereby the decree is stayed.
2. The
petitioners are original plaintiffs of Regular Civil Suit no. 15 of
2003 for declaration and for permanent injunction. As a result of
hearing and perusal of records, this court is of the opinion that
instead of entertaining/interfering the matter at admission stage,
interest of justice will be served if the appellate court is directed
to expedite the hearing of the appeal.
3. In
the premises aforesaid, the following order is passed:
The
petitioners shall prefer an application before the appellate court
for expediting the appeal along with a copy of this court’s order.
On
such application being made, the appellate court shall hear and
decide the appeal at the earliest preferably on a day to day basis.
This
court has not entered into the merits of the matter and therefore
the courts below shall not be influenced by the order of this court.
It
is made clear that the trial court while hearing the suit shall not
be influenced by the order of the appellate court at interlocutory
stage.
4. With
the above directions, petition stands disposed of.
(K.S.
JHAVERI, J.)
Divya//
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