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SCA/3002/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3002 of 2007
=========================================================
JAYESHKUMAR
HASMUKHLAL SHAH - Petitioner(s)
Versus
KIRTIKABEN.
W/O KANUBHAI SOMESHWAR DAVE & 3 - Respondent(s)
=========================================================
Appearance
:
MR
HM PARIKH for
Petitioner.
MR BM MANGUKIYA for
Respondents.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/07/2008
ORAL
ORDER
1.
It
is not in dispute that against the impugned order passed by the trial
court, appeal before the District Court is maintainable. Under the
circumstances, present Special Civil Application under Article 227 of
the Constitution of India is not entertained.
2.
Shri H.M.Parikh, learned advocate appearing on behalf of the
petitioner has submitted that, if the appeal is now preferred by the
petitioner before the District Court, the question with respect to
limitation might arise. Shri B.M.Mangukiya, learned advocate
appearing on behalf of the respondents has stated at the bar that, if
the appeal is preferred within a period of four weeks from today,
they will not raise the dispute with respect to limitation.
3.
Under the circumstances, if the appeal before the District Court
against the impugned order is preferred within a period of four weeks
from today, the learned appellate court to decide and dispose of the
same in accordance with law and on merits without raising the dispute
of limitation. It will also be open for the petitioner to submit an
appropriate application for interim relief, and as and such
application is made, the same shall be considered by the learned
appellate court in accordance with law and on merits. The ad-interim
relief granted earlier is directed to be continued for a period of
four weeks. However, it is observed that continuation of interim
relief will not come in the way of the respondents and the learned
appellate court to decide and dispose of the application for interim
relief in accordance with law and on its own merits without in any
way being influenced by the fact that the interim relief is continued
by this Court.
4.
With these, present Special Civil Application is disposed of. Notice
is discharged. Direct service is permitted.
(
M.R. SHAH, J. )
syed/
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