Gujarat High Court Case Information System
Print
SCA/7105/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7105 of 2008
==========================================
JANVA
MAHESHKUMAR AVACHARBHAI (PATEL) - Petitioner(s)
Versus
THAKKAR
KARSANDAS MORUMAL & 1 - Respondent(s)
==========================================
Appearance
:
MR NV
ANJARIA for Petitioner(s) : 1,
MS PAURAMI B
SHETH for Respondent(s) :
1-2.
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 27/08/2008
ORAL
ORDER
1. By
way of this petition under Article 227 of the Constitution of India,
the petitioner-original defendant no. 1 has prayed for an appropriate
writ, order or direction quashing and setting aside the order dated
15th October, 2007 passed by the learned Presiding
Officer, Fast Track Court, Anjar-Kutch in Civil Miscellaneous Appeal
No. 24/2007 as well as the order dated 7th February, 2007
passed by the learned Principal Senior Civil Judge, Anjar-Kutch below
Exh. 5 in Special Civil Suit No. 20/2005.
2. There
are concurrent findings given by both the Courts below while allowing
the application, Exh. 5, which on going through the same, does not
require any interference of this Court in exercise of powers under
Article 227 of the Constitution of India.
3. Learned
advocates appearing for the respective parties do not press for a
reasoned order as it might ultimately effect the parties to the suit.
Therefore, this Court is not assigning any further reasoned order.
At this stage, Shri Anjaria, learned advocate appearing on behalf of
the petitioner -original defendant no. 1 has requested to issue
suitable direction to the learned trial Court to decide and dispose
of the suit as expeditiously as possible.
4. Ms
Paurami Sheth, learned advocate appearing on behalf of the
respondents-original plaintiffs has submitted that recording of
evidence is over and they have already submitted the closing
purshis. Under the circumstances, subject to cooperation by all the
concerned, the learned trial Court is directed to decide and dispose
of the suit 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.
5. With
this, the present Special Civil Application is dismissed. Notice is
discharged.
6. The
Registry is directed to send a copy of the writ to the learned trial
Court immediately.
(M.R.
SHAH, J.)
siji
Top