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AO/38120/2003 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 381 of 2003
With
CIVIL
APPLICATION No. 12417 of 2008
In
APPEAL
FROM ORDER No. 381 of 2003
==========================================
IVABEN
G MECVAN - Appellant(s)
Versus
JASHBHAI
MAGANBHAI PATEL - Respondent(s)
==========================================
Appearance
:
MR KV
SHELAT for Appellant(s) : 1,
MR MB FAROOQUI
for Respondent(s) : 1,
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 11/11/2008
ORAL
ORDER
1. Shri
K.V. Shelat, learned advocate appearing on behalf of the appellant
has submitted that in the facts and circumstances of the case, he
does not press the present Appeal from Order.
2. However,
he has requested that a suitable direction be issued to the learned
trial Court to decide and dispose of the suit as expeditiously as
possible within a stipulated time and on condition that a suitable
direction be issued directing the respondent-original defendant to
pay the mesne profit atleast at the rate of Rs. 800/- per month and
clear the arrears on that basis and to continue to pay the mesne
profit atleast at the rate of Rs. 800/- per month till final
disposal of the suit subject to ultimate outcome of the suit.
3. Shri
Pankaj Soni, learned advocate appearing on behalf of the
respondent-original defendant has submitted that to the best of his
information and knowledge, the respondent-original defendant is
paying the mesne profit at the rate of Rs. 800/- per month. It is to
be noted that the respondent has not filed any reply to the present
appeal satisfying the Court that the respondent-original defendant is
in fact paying the mesne profit at the rate of Rs. 800/- per month
as directed by the learned trial Court. Be that as it may. The
present Appeal from Order is dismissed as not pressed and disposed of
with the following directions;
(i) The
learned trial Court to decide and dispose of Regular Civil Suit No.
40/1996 on remand as expeditiously as possible but not later than
31st December, 2009. All the parties concerned are
directed to cooperate with the learned trial Court for early disposal
of the suit within the stipulated time as stated hereinabove. The
learned trial Court shall not grant unnecessary adjournment to any of
the parties.
(ii) The
respondent-original defendant shall clear the arrears by way of mesne
profit at the rate of Rs. 800/- per month up to 30th
October, 2008 within a period of two months from today and continue
to pay the mesne profit at the rate of Rs. 800/- per month between
1st and 7th of each month commencing from
November, 2008 till the final disposal of the suit and the aforesaid
would be without prejudice to the rights and contention of the
respective parties.
4. With
this, the present Appeal from Order is disposed of.
5. The
Registry is directed to send the writ to the learned trial Court
immediately.
CIVIL
APPLICATION No. 12417/2008
In
view of the order passed in Appeal from Order, no order on the Civil
Application.
(M.R.
SHAH, J.)
siji
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