SCA/7953/2008 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7953 of 2008 ========================================================= LIYAKATALIKHAN R PATHAN - Petitioner(s) Versus STATE OF GUJARAT & 5 - Respondent(s) ========================================================= Appearance : PARTY-IN-PERSON for Petitioner(s) : 1, MS MINI M NAIR, AGP for Respondent(s) : 1, MR NM KAPADIA for Respondent: 2 ========================================================= CORAM : HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 24/06/2008 ORAL ORDER
This
petition has been filed by the petitioner challenging the order dated
22.5.2008 passed by the respondent No.2 whereby the application for
interim stay dated 27.3.2008 in RTS Revision Application No.10/2008
has been rejected.
On
17.6.2008, Ms.Mini M.Nair, learned Assistant Government Pleader, had
prayed for time in order to obtain instructions in the matter. On the
next date of hearing, on 20.6.2008, the learned Assistant Government
Pleader had submitted that the respondent No.2 can hear and decide
Revision Application No.10/2008 within a period of six months from
the date of the order of the Court, if so directed. However, on
20.6.2008, an order to this effect was not passed and the parties
were requested to explore the possibilities of an amicable settlement
between the petitioner as well as the respondent No.3, who,
admittedly, are real brothers.
Today,
when the case is taken up, Mr.L.R.Pathan (party-in-person) and
Mr.N.M.Kapadia, learned counsel for the respondent No.3, have jointly
submitted that the parties have not been able to enter into an
amicable settlement out of Court. In the above facts and
circumstances and taking into consideration the instructions obtained
by the learned Assistant Government Pleader, it is directed that the
respondent No.2 hear Revision Application No.10/2008 and render a
decision, in accordance with law, within a period of six months from
today. Till such time as the revision application is decided, the
parties shall maintain status-quo as of today regarding the property
in question.
It
is made clear that this Court has not gone into the merits of the
case.
The
petition is disposed of as above. Notice is discharged.
(Smt.Abhilasha
Kumari, J.)
(sunil)