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SCA/11519/2009 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11519 of 2009
=========================================================
HAKUMATSINH
PRAGJI JADEJA & 2 - Petitioner(s)
Versus
BHACHIBAI
WD/O BHOJA MURA CHAVDA & 5 - Respondent(s)
=========================================================
Appearance :
MR
KIRTIDEV R DAVE for
Petitioner(s) : 1 - 3.MR RAHUL K DAVE for Petitioner(s) : 1 - 3.
None
for Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) :
1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5,1.2.6 - 2, 4, 6,
MR MEHUL S SHAH
for Respondent(s) : 2, 4,
MR SURESH M SHAH for Respondent(s) : 2,
4,
UNSERVED-EXPIRED (N) for Respondent(s) : 3,
NOTICE UNSERVED
for Respondent(s) : 5,
MR NALIN K THAKKER for Respondent(s) :
6,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 06/05/2010
ORAL
ORDER
1. Learned
Advocate Mr. Dave seeks permission to amend this petition and
incorporate in the prayer clause that, ‘order passed below Exh.90 in
Special Civil Suit No. 87 of 2005 dated 17.09.2009 by the learned
Principal Senior Civil Judge, Bhuj Kachchh, be quashed and set
aside.’ Permission is granted. Amendment be carried out during the
course of the day.
2. It
is shocking that learned Judge has adopted a shortcut to avoid the
hearing and deciding the suit after trial. The fact that application
Exh.55 was filed as back as on 06.05.2006 that is soon after the
purchase of the property by the present petitioners from the original
plaintiff on 26.04.2006, there was no reason for the learned Judge to
grant Exh.90, filed by defendant No.5 to contend that the suit has
abated. Thereafter, the learned Judge passed an order on Exh.55
saying that, ‘as the suit has already abated, Exh.55 does not survive
and the same is rejected.’ If this Court allows this course to be
adopted, every suit can be disposed of in this manner. The Court
records its displeasure about the method and manner in which the
leaned Judge has conducted the matter by passing an order below
Exh.90 first and thereafter an order below Exh.55 on the same day, by
treating the order passed below Exh.90 to be prior in point of time
by saying that, ‘as the suit is already abated Exh.55 does not
survive and the same is rejected.’
3. Registry
is directed to place the order passed by the learned Judge before the
concerned Administrative Judge and also before the Hon’ble the Chief
Justice for intimation and necessary action in the matter if deemed
fit.
4. Heard
learned Advocate Mr. Dave for the petitioners. Rule.
5. Heard
learned Advocate Mr. Thakkar for respondent No.6. He waives service
of rule.
6. At
the request of learned Advocate Mr. Dave for the petitioners, the
matter is taken up for final disposal.
7. In
view of the aforesaid discussion, the matter is required to be
allowed. Orders passed below Exh.55 and Exh.90 are hereby quashed and
set aside. The matter is remanded to the learned Judge for being
heard and decided in accordance with law. At the request of learned
Advocate Mr. Dave, the Court below is directed to decide Special
Civil Suit No. 87 of 2005 as expeditiously as possible, preferably
within one year from the receipt of the order.
(RAVI
R. TRIPATHI, J.)
jani
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