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SCA/1000020/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10000 of 2008
==========================================
MUSTAFABHAI
YAKUBBHAI MANDLI & 2 - Petitioner(s)
Versus
SHANTILAL
DOSABHAI VORA - Respondent(s)
==========================================
Appearance :
MS
KHYATI P HATHI for Petitioner(s) : 1 3.
MR PV
HATHI for Petitioner(s) : 1 - 3.
None for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/11/2008
ORAL
ORDER
1. By
way of this petition under Article 227 of the Constitution of India
the petitioners-original defendants have prayed for an appropriate
writ, order or direction quashing and setting aside the order dated
27/03/2008 passed by the learned Joint District Judge, Fast Track
Court No. 1, Viramgam, District Ahmedabad in Civil Miscellaneous
Appeal No. 1/2008 as well as the order dated 31/12/2007 passed by
the learned Principal Civil Judge, Viramgam below Exh. 5 in Regular
Civil Suit No. 18/2002.
2. Number
of submissions have been made on behalf of the petitioners, however
considering the fact that the petitioners-original defendants are
restrained from putting put any construction and/or repairing the
property in question since 2002, this Court is of the firm opinion
that it will be in the fitness of things to direct the learned trial
Court to decide and dispose of the suit itself as expeditiously as
possible within the stipulated time and the same will meet the ends
of justice and it will also be in the interest of the
petitioners-original defendants.
3. Under
the circumstances, the present Special Civil Application is disposed
of by directing the learned trial Court to decide and dispose of the
Regular Civil Suit No. 18/2002 as expeditiously as possible but not
later than 31/12/2009. All the parties concerned are directed to co
operate with the learned trial Court for early disposal of the suit
and within the stipulated time as stated hereinabove. If the
pleadings are not completed, the same shall be submitted within a
period of three months from today. The learned Principal District
Judge, Ahmedabad (Rural) is directed to see that the aforesaid
direction is complied with by the learned trial Court and the suit is
decided and disposed of within the stipulated time as stated
hereinabove.
4. With
this, the present Special Civil Application is disposed of.
5. Registry
is directed to send the writ to the learned trial Court immediately.
(M.R.
SHAH, J.)
siji
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