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SCA/3291/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3291 of 2011
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JIGNESH
KANAIYALAL HINGOO THROUGH POWER OF ATTORNEY & 1 - Petitioners
Versus
SAMRAJYA
CO OP HOUSING SERVICE SOC LTD - Respondent
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Appearance :
MR
NILESH P SHAH for Petitioners : 1 - 2.MR PNSONI for Petitioners : 1 -
2.
MR DHAVAL D VYAS for
Respondent:
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 16/03/2011
ORAL
ORDER Heard
learned advocates for the parties.
The
advocates for the parties have under instructions of their
respective clients arrived at a consensus that the Board of Nominees
be directed to decide the Lavad Suit No. 946 of 2010 within a
stipulated time period, so that the parties would come to know their
respective position. The Board of Nominees while deciding Lavad Suit
No. 946 of 2010 may not in any way be influenced by the observations
made in the order dated 25/1/2011 in Revision Application No. 268 of
2010.
In
view of the aforesaid consensus arrived at between learned advocates
for the parties, this Court is of the view that the entire dispute
so far as this petition is concerned could be taken care of by
issuing following directions.
a)
The Board of Nominees is hereby directed to decide the Lavad Suit No.
946/2010 on or before 15/4/2011, as the advocates have agreed that
the parties or their counter parts in the Board of Nominees would not
seek adjournments and would cooperate in all the manner with the
Board of Nominees in having the Lavad Suit decided finally by
15/4/2011.
b)
The Board of Nominees may not be influenced or taken into
consideration the observations and findings if any made in the order
dated 25/1/2011 in Revision Application No. 268/2010 while deciding
Lavad Suit No. 946/2010.
This
Court has disposed of the petition without going into the merits of
the challenge to the order dated 25/1/2011, and therefore, it is all
the more incumbent upon he Board of Nominees to decide Lavad Suit
No. 946/2010 independently and without relying upon any of the
observations and or findings which are tentative in nature for
deciding the Lavad Suit in question.
As
the petition is not decided on merits, the order impugned shall have
no efficacy. As otherwise also Lavad Suit No. 946/2010 is ordered to
be disposed of on or before 15/4/2011, it is in the interest of the
parties that status-quo as on date be maintained by all till
disposal of the suit.
In
view of above observations, this petition stands disposed of. No
costs.
[
S.R. BRAHMBHATT, J ]
/vgn
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