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SCA/12696/2006 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12696 of 2006
=========================================
MANGALBHAI
N MARAVANIA - Petitioner(s)
Versus
TULSIBHAI
DURLABHJIBHAI MANKADIA - Respondent(s)
=========================================
Appearance :
MR
R M CHHAYA for
Petitioner : 1,
MR RATHIN P RAVAL for Respondent :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 11/05/2010
ORAL
ORDER
1. Although
learned advocate, Mr. Rathin P Raval, has filed his vakalatnama and
he is shown to be appearing for the respondent, no one really appears
to have represented the respondent throughout the proceeding before
this Court and, even today, no one is present for the respondent.
2. Learned
counsel, Mr. R.M. Chhaya, appearing for the petitioner, submitted
that temporary relief is granted by this Court by interim order dated
13.02.2008 and the petitioner is already permitted to temporarily
cover the western portion of the wall which might have been broken
open for putting up windows thereon. Additionally, the petitioner is
also permitted to put a door/window on the southern wall of his
house. The activities undertaken by the plaintiff under that interim
order is expressly made subject to further orders in the petition as
well as in the suit.
3. It
was submitted that, after said order dated 13.02.2008, necessary
temporary work is carried out by the petitioner and the petitioner
has no objection to abide by the order that may be made in pending
civil suit, in respect of the relief prayed by the petitioner as well
as the subsequent activities undertaken by the petitioner pursuant to
the order. He, on that basis, submitted that the rule issued herein
may be made absolute, in absence of any assistance on behalf of the
respondent and the civil suit pending in the trial court may be
ordered to be expedited.
4. Under
the circumstances, without entering into merits of the contentions of
the petitioner, it is directed that the petitioner shall co-operate
in earliest possible hearing and disposal of the civil suit filed by
the respondent, i.e. Regular Civil Suit No. 55 of 2005 which is
stated to be pending before learned Civil Judge (S.D.) at Upleta; and
the Civil Court shall hear and dispose the said suit as early as
practicable and preferably within a period of six months. In the
meantime, the changes made or activities undertaken under the interim
order dated 13.02.2008 may not be disturbed, but the petitioner shall
maintain status quo and shall not undertake any further activity in
respect of the same premises. The trial court shall decide the issues
arising in the civil suit on the basis of evidence led before it, in
accordance with law and without being influenced by the fact that any
changes are made or activities are undertaken under an ex-parte
interim order dated 13.02.2008 of this Court. Rule is made absolute
accordingly with no order as to costs. The impugned order accordingly
stands modified to the aforesaid extent.
[D.H.WAGHELA,
J.]
Jyoti
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