Bawanjibhai Chothabhai Mundhawa vs Gaviben Alias Gauriben Wife Of ... on 1 August, 2014

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Gujarat High Court

Bawanjibhai Chothabhai Mundhawa vs Gaviben Alias Gauriben Wife Of ... on 1 August, 2014

Bench: S.H.Vora

         C/AO/434/2013                                 ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                APPEAL FROM ORDER NO. 434 of 2013
                                 With
                 CIVIL APPLICATION NO. 11811 of 2013
                                   In
                 APPEAL FROM ORDER NO. 434 of 2013
                                 With
                 APPEAL FROM ORDER NO. 435 of 2013
                                 With
                 CIVIL APPLICATION NO. 11812 of 2013
                                   In
                 APPEAL FROM ORDER NO. 435 of 2013
================================================================
       BAWANJIBHAI CHOTHABHAI MUNDHAWA....Appellant(s)
                           Versus
GAVIBEN ALIAS GAURIBEN WIFE OF KARANBAHI BHUNDIYA DAUGHTER
            OF HARIBHAI GAMARA & 3....Respondent(s)
================================================================
Appearance:
MR MOUSAM R YAGNIK, ADVOCATE for the Appellant(s) No. 1
MR NIRAD D BUCH, ADVOCATE for the Appellant(s) No. 1
MR VIMAL M PATEL, ADVOCATE for the Respondent(s) No. 3
================================================================

       CORAM: HONOURABLE MR.JUSTICE S.H.VORA

                          Date : 01/08/2014


                            ORAL ORDER

1. Challenge in these appeals is the order dated 11.12.2012 passed by the learned Additional Senior Civil Judge, Gondal below Exh.5 in Special Civil Suit Nos.38 of 2012 and 67 of 2012 whereby, applications Exh.5 came to be allowed.

2. After making some submissions, learned advocate Page 1 of 3 C/AO/434/2013 ORDER Mr.N.D. Buch appearing for learned advocate Mr.M.R. Yagnik for the appellant does not invite reasoned order but states that considering the lis involved in the suits and nature of relationship between the parties to the suits, the learned trial Judge may be directed to expedite hearing of both the suits and decide the same as expeditiously as possible but not later than three months so that lis involved in the matter can be adjudicated at an earliest point of time.

3. Considering the statement made at bar and considering the lis involved in the matter, the learned trial Judge is directed to expedite hearing of the aforesaid suits and decide the same on merits as early as possible within a period of six months from the date of receipt of copy of this order.

4. While parting with the order, it is clarified that this Court has examined the impugned order passed by the learned trial Judge within the limited scope of provisions of Order 43 Rule 1(r) of the Code, whereas the main controversy involved in the suits is at large before the trial Court to be adjudicated through full-fledge trial. Therefore, the learned trial Judge shall not be influenced by any observations recorded in the impugned orders while deciding the suits at the end of trial. The findings recorded either by the trial Court or by this Court at interlocutory stage of the suits are tentative in its nature and the learned trial Judge shall decide the case on its merits and as per evidence that may be led during the course of trial and in accordance with law. Parties to the suits are also directed to co-operate with the learned trial Judge and shall not seek unnecessary adjournments.

Page 2 of 3 C/AO/434/2013 ORDER

5. In view of the above, present Appeal from Orders stand disposed of.

Order in Civil Applications In view of the order passed in the Appeal from Orders, present applications do not survive and the same are also disposed of.

(S.H.VORA, J.) Hitesh Page 3 of 3

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Gujarat High Court