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SCA/8416/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8416 of 2008
=========================================================
RAMANBHAI
PUNABHAI PATEL & 11 - Petitioner(s)
Versus
JAMNADAS
GORDHANBHAI DOBARIYA & 1 - Respondent(s)
=========================================================
Appearance :
MR
DILIP L KANOJIYA for Petitioner(s) : 1 - 12.
MR
DHAVAL D VYAS for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 14/07/2008
ORAL
ORDER
1. After
some arguments and deliberations, Mr.S.H.Sanjanwala, learned Senior
Advocate with Mr.Dilip Kanojiya, learned Advocate for the petitioners
has stated that as the main suit itself is of the year 2002, without
further expressing any opinion on merits and any further discussion
on merits, suitable direction be issued to the learned trial Court to
decide and dispose of the suit as early as possible and till then
parties be directed to maintain status-quo meaning thereby
even respondents herein ? original plaintiffs even be restrained
from transferring, alienating in whatsoever manner property in
question and creating third party rights and/or changing position of
the land in question.
2. In
the facts and circumstances of the case, learned trial Court is
directed to decide and dispose of the suit as early as possible but
not later than 31st March, 2009 subject to cooperation of
all concerned. Till then, parties are directed to maintain status-quo
as on today. All concerned are directed to cooperate learned trial
Court in early disposal of the suit. Parties to complete the
pleadings within a period of 2(two) months from today as agreed by
the learned Advocates appearing on behalf of the respective parties.
It is made clear and observed that this Court has not expressed any
opinion on merits in favour of the parties with respect to possession
and the learned trial Court to decide and dispose of the suit in
accordance with law and on merits without in any way being influenced
by the orders passed by the both the Courts below as they are at
interlocutory stage. With these, present Special Civil Application is
disposed of. Registry to send Writ of this order to the learned trial
Court immediately.
[M.R.Shah,J.]
satish
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