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SCA/18949/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 18949 of 2006
==========================================
PARI
JASUBHAI MANILAL - Petitioner(s)
Versus
OJAS
LALITBHAI SHAH & 9 - Respondent(s)
==========================================
Appearance
:
PS GOGIA
for Petitioner(s) : 1,
NOTICE SERVED for
Respondent(s) : 1 - 4,7 - 10.
SERVED BY AFFIX.(N) for
Respondent(s) : 5 - 6.
None for Respondent(s) :
10,
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/07/2008
ORAL
ORDER
1. At the outset, Shri Gogia,
learned advocate appearing on behalf of the petitioner has submitted
that the petitioner would not press the present Special Civil
Application.
2. However, he has requested to
pass appropriate order to expedite the hearing of the suit, pending
with the learned trial Court, as the same is of the year 2002 and is
ripe for hearing. He has requested that a suitable observation be
made to the effect that the observations made by the learned trial
Court impugned in the present Special Civil Application may not come
in the way of the petitioner at the time of final disposal of the
suit. The prayer of the petitioner seems to be reasonable as the
suit is of the year 2002, being Special Civil Suit No. 110/2002,
which is pending in the Court of learned 5th Additional
Senior Civil Judge, Rajkot.
3. The learned trial Court is
directed to decide and dispose of the suit as early as possible but
not later than 31st December, 2009. The parties concerned
shall cooperate for early disposal of the aforesaid suit within the
stipulated time as stated hereinabove. The learned trial Court shall
not grant unnecessary adjournment to any of the advocates appearing
on behalf of the respective parties. It is also observed that any of
the observations made by both the Courts below, impugned in the
present Special Civil Application, shall not come in the way of the
respective parties and the learned trial Court to decide and dispose
of the suit in accordance with law and on its own merits in any way
being influenced by the present order and the impugned orders.
4. With this, the present
Special Civil Application is disposed of as not pressed. Notice is
discharged.
5. The Registry is directed to
send the writ to the learned trial Court immediately.
(M.R. SHAH, J.)
siji
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