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CRA/726/2001 1/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
REVISION APPLICATION No. 726 of 2001
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
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 ?
=========================================
PRITI
BABUBHAI CHUDASMA - Applicant(s)
Versus
PRAVINBHAI
RAOJIBHAI DESAI & 12 - Opponent(s)
=========================================
Appearance
:
MR SHITAL R
PATEL for
Applicant(s) : 1, 1.2.1, 1.2.2, 1.2.3,1.2.4
MR NIRAV C THAKKAR
for Opponent(s) : 1 - 3.
NOTICE SERVED BY DS for Opponent(s) : 4 -
13.
RULE SERVED for Opponent(s) : 4 - 7,9 - 13.
RULE UNSERVED
for Opponent(s) : 8,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/05/2010
ORAL
JUDGMENT
1. The
present Civil Revision Application under Section 115 of the Code of
Civil Procedure has been preferred by the applicant original
defendant Nos.1 to 4 to quash and set aside the impugned order dated
30th April 2001 passed by the learned 2nd Extra
Assistant Judge, at Nadiad in Civil Miscellaneous Appeal No.230/2000
and to restore the order passed by the learned trial Court below
Exh.5 in Civil Suit No.382/1999. It is not in dispute that the
present Revision Application arises out of the interlocutory order
passed by the learned trial Court below Exh.5 and suit is yet to be
decided by the learned trial Court. By interim order dated
01.10.2001, while admitting the present Revision Application, learned
Single Judge has directed both the parties to maintain status-quo
which has been continued till date. Under the circumstances, the
present Revision Application is disposed of by directing the learned
trial Court to decide and dispose of the Civil Suit No.382/1999 at
the earliest and within stipulated time and till then the interim
order passed by this Court directing both the parties to maintain
status-quo is required to be continued, as any observation by this
Court, at this stage, might affect the case of either parties of the
suit.
3. In
view of the above, without further entering into the merits of the
case and without expressing any opinion in favour of either of the
parties, by way of interim arrangement, present Revision Application
is disposed of by directing the learned trial Court to decide and
dispose of the Civil Suit No.382/1999 before 31.12.2011 and until
then the parties are directed to maintain status-quo which has been
prevailing since 01.10.2001. The learned trial Court shall decide
and dispose of the suit in accordance with law and without being
influenced by the present order. All concerned shall cooperate the
learned trial Court for early disposal of the suit and within
stipulated period of time.
4. The
Registry is directed to send the writ of this order to the trial
Court immediately.
(M.R.
Shah, J.)
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