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AO/202/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 202 of 2008
WITH
CIVIL
APPLICATION No.7066 OF
2008
=========================================================
NILESHBHAI
TANUBHAI PATEL - Appellant(s)
Versus
AHMEDABAD
MUNICIPAL CORPORATION - Respondent(s)
=========================================================
Appearance
:
MR
MB GANDHI WITH MR
CHINMAY M GANDHI for Appellant(s) : 1,
MR RM CHHAYA for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 10/07/2008
ORAL
ORDER
There
is consensus amongst the learned advocates appearing on behalf of
the respective parties that in the facts and circumstances of the
case, the learned trial court be directed to decide and dispose of
the civil suit pending between the parties as early as possible,
preferably on or before 31/12/2008. It is submitted by the learned
advocate appearing on behalf of the respective parties that
pleadings are already over.
The
request seems to be reasonable.
In
the facts and circumstances of the case, without expressing any
opinion on merits in favour of either parties, the trial court is
directed to decide and dispose of the Regular Civil Suit No. 459 of
2006 pending between the parties in accordance with law and on
merits on or before 31/12/2008, without in any way being influenced
by the order passed below the Notice of Motion. All the concerned
are directed to cooperate the learned trial court in early disposal
of the civil suit.
With
the aforesaid directions, Appeal From Order No.202 of 2008 is
disposed of.
In
view of the above order passed in Appeal From Order, no orders in
Civil Application No.7066 of 2008, except directing both the
parties to maintain status-quo qua possession, ownership and
superstructure of the suit property till final disposal of the
Regular Civil Suit No. 459 of 2006.
Registry
to issue writ immediately.
[M.R.
SHAH, J.]
rafik
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