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SCA/17978/2003 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 17978 of 2003
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
MOHMED
IQBAL HAROON DALLA & 2 - Petitioner(s)
Versus
ABBASALI
TAHERALI BHARMAL & 2 - Respondent(s)
=========================================================
Appearance
:
MR
DIPAK R DAVE for
Petitioner(s) : 1 - 3.
MR VIREN G DAVE for Respondent(s) : 1 -
3.
MR JAGDISH H MEHTA for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 10/01/2011
ORAL
JUDGMENT
By
way of present petition, the petitioners have inter alia prayed for
quashing and setting aside the order dated 24th February
1999 passed by the Civil Judge (J.D.), Upleta below application
Exh.5 in Regular Civil Suit No.131 of 1998 as well as the judgment
and order dated 27th June 2003 passed by the Extra
Assistant Judge, Rajkot at Gondal in Civil Miscellaneous Appeal
No.11 of 1999.
When
this petition came up for admission hearing this Court (Coram : C.K.
Buch, J) inter alia passed the following order on 26th
December 2003 :
“..
.. Hence, notice to the respondents returnable on 4.2.2004.
In
the meanwhile, the parties are directed to maintain status quo as on
today till the next date of hearing.”
Thereafter,
when present petition came up for hearing on 24th
September 2004, this Court passed the following order:
“Rule.
Status
quo granted by this Court shall continue till final disposal of this
petition.”
It
is pertinent to note that this Court has granted interim relief in
favour of the petitioner since the year 2003 and the aforesaid
situation is prevailing since then and the same is not disturbed
till date. Further it is required to be noted that the suit is of
the year 1998. In that view of the matter, it would be in the
fitness of things to dispose of present petition by giving suitable
directions to the trial Court.
In
view of aforesaid, the trial Court is directed to decide the Regular
Civil Suit No.131 of 1998 pending before it at the earliest on
day-to-day basis, preferably on or before 31st December
2011. The petition stands disposed of accordingly. Rule is made
absolute to the aforesaid extent. No order as to costs.
It
is hereby clarified that the parties to maintain status quo till
final disposal of the suit.
(K.S.
Jhaveri, J)
Aakar
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