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CRA/225/2001 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
REVISION APPLICATION No. 225 of 2001
With
CIVIL
APPLICATION No. 4797 of 2009
In
CIVIL
REVISION APPLICATION No. 225 of 2001
===========================================
MINISHKUMAR
KANTILAL UPADHYAY & 1 - Applicant(s)
Versus
AMITABEN
BABULAL TRIVEDI - Opponent(s)
===========================================
Appearance :
M/S
THAKKAR ASSOC. for
Applicant(s) : 1 - 2.
MR ASHISH M DAGLI for Opponent(s) : 1,
MR
JAGDHISH SATAPARA for Opponent(s) :
1,
===========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 20/04/2010
ORAL
ORDER
1. Present
Revision Application under section 115 of the Code of Civil Procedure
has been preferred by the applicants herein original opponents
challenging the impugned interim order dated 08.01.2001 passed by
the learned Assistant District Judge, Sabarkantha Camp at Modasa
below Exh.4 and Exh.17 in Guardian Application No.8 of 2000 by which
the learned Trial Court has granted interim custody of the minor Smit
to the respondent herein.
2. At
the outset it is required to be noted that by order dated 17.04.2001
while admitting present Revision Application learned Single Judge has
granted interim relief in terms of para 7(C) staying further
implementation and operation of the impugned order passed by the
learned Trial Court granting interim custody of the minor Smit to the
respondent herein and said interim relief has been continued till
date.
3. Mr.Dagli,
learned Advocate for the respondent herein original applicant has
submitted that because of pendency of present Revision Application,
learned Trial Court is not proceeding further with the hearing of
Guardian Application No.8 of 2000. Therefore, it is submitted that
without prejudice to the rights and contentions of the respective
parties to the main application, if interim relief granted by this
Court is directed to be continued till final disposal of Guardian
Application No.8 of 2000 and learned Trial Court is directed to
decide and dispose of Guardian Application No.8 of 2000 at the
earliest and within stipulated time and with a suitable observation
that the learned Trial Court to decide and dispose of Guardian
Application No.8 of 2000 in accordance with law and on merits without
in any way being influenced by the present order, respondent herein
will be satisfied.
4. In
view of above, more particularly when main Guardian Application No.8
of 2000 is pending before the learned Trial Court reported to be
pending in the District Court, Sabarkantha, and when impugned order
passed by the learned Trial Court passed below Exh.4 and 17 is stayed
by this Court which is in operation since 2001, without further
entering into merits of the case and without expressing any opinion
in favour of either parties, present Revision Application is disposed
of by continuing interim order dated 17.04.2001 passed by this Court
till final disposal of Guardian Application No.8 of 2000 pending
before the District Court, Sabarkantha.
5. Learned
Trial Court is directed to decide and dispose of Guardian Application
No.8 of 2000 at the earliest but not later than 31st
December, 2010. Learned Trial Court to decide and dispose of said
Guardian Application No.8 of 2000 in accordance with law and on
merits without in any way being influenced by the present order. All
concerned are directed to cooperate learned Trial Court in early
disposal of aforesaid Guardian Application and within stipulated time
stated herein above. Learned Principal District Judge, Sabarkantha
is hereby directed to see that Guardian Application No.8 of 2000 is
decided and disposed of in accordance with law and on merits at the
earliest but not later than 31st December, 2010. With
these, present Revision Application is disposed of.
6. So
far as Civil Application No.4797 of 2009 in Civil Revision
Application No.225 of 2001 is concerned, it will be open for the
said applicant original respondent in main Civil Revision
Application to submit an appropriate application before the learned
Trial Court and as and when such an application is made, same shall
be considered in accordance with law and on merits. However, it is
observed and clarified that on aforesaid ground, learned Trial Court
may not stay further proceedings of Guardian Application No.8 of 2000
and so far as main Guardian Application is concerned, same is
required to be decided and disposed of on or before 31st
December, 2010. With these, present Civil Application is disposed of.
[M.R.Shah,J.]
satish
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