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AO/364/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 364 of 2007
With
CIVIL
APPLICATION No. 12679 of 2007
=========================================================
PATEL
JAYANTILAL MANILAL - Appellant(s)
Versus
JADEJA
HUSSEINABIBI WD/O. MOHAMMEDMIYA UMEDBHAI & 9 - Respondent(s)
=========================================================
Appearance
:
MR
SHITAL R PATEL for
the
Appellant.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 05/10/2007
ORAL
ORDER
The
present Appeal from Order has been preferred against the order dated
26th July, 2007
below injunction application exh. 5 in Regular Civil Suit no.
153 of 2006 passed by the learned 2nd Additional Senior Civil Judge,
Kalol, whereby the injunction application preferred by the present
respondents (original plaintiffs) was allowed and status quo was
ordered to be maintained sO far as disputed land is concerned.
2. The
learned advocate for the appellant submitted that suffice it will be,
if a direction is given to the trial court to expedite hearing of
Regular Civil Suit no. 153 of 2006 and dispose of the same as
expeditiously as possible and within time bound schedule and the
present Appeal from Order is not pressed by the present appellant.
3. In
view of the aforesaid submission, this Appeal from Order alongwith
Civil Application No. 12679 of 2007 is dismissed as not pressed. The
impugned order passed by the trial court is upheld. Looking to the
facts and circumstances of the case, the trial court is hereby
directed to dispose of Regular Civil Suit no.153 of 2006 as
expeditiously as possible and practicable and preferably on or before
30th August, 2008. The trial court will decide the suit in accordance
with law, on the basis of the evidence on record, and without being
influenced by the order passed below injunction application exh. 5 as
well as without being influenced by the order passed by this Court.
(D.N.Patel,J)
***darji
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