Manishbhai Kanubhai Patel & 3 vs Maheshbhai Prahladbhai Patel & 6 on 28 March, 2014

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Gujarat High Court

Manishbhai Kanubhai Patel & 3 vs Maheshbhai Prahladbhai Patel & 6 on 28 March, 2014

Bench: S.H.Vora

              C/AO/305/2013                                                    ORDER



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      APPEAL FROM ORDER NO. 305 of 2013
                                              With
                        CIVIL APPLICATION NO. 7745 of 2013
                                                In
                      APPEAL FROM ORDER NO. 305 of 2013
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             MANISHBHAI KANUBHAI PATEL & 3....Appellant(s)
                              Versus
           MAHESHBHAI PRAHLADBHAI PATEL & 6....Respondent(s)
================================================================
Appearance:
MS DEEPIKA AHUJA FOR MR TATTVAM K PATEL, ADVOCATE for the Appellant(s) No. 1 - 4
MR KEYUR A VYAS, ADVOCATE for the Respondent(s) No. 1 - 2
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            CORAM: HONOURABLE MR.JUSTICE S.H.VORA

                                      Date : 28/03/2014


                                        ORAL ORDER

1. Challenge in this Appeal From Order is order dated 30.12.2011 passed by the learned Principal Senior Civil Judge, Kalol, in Special Civil Suit No.41 of 2010 below Exhibit 5, restraining the defendant Nos.6 to 9, appellants herein, from transferring, alienating, selling the suit property to any person and/or raising any encumbrance over the suit property in favour of any person till final disposal of the suit.

2. Learned advocate Ms. Dipika Ahuja for learned advocate Mr. Tatvam Patel for the appellants states at bar that the Appellants i.e. original defendant Nos.6 to 9 do not press this Appeal From Order, but states that considering the lis involved in the suit and relationship between the parties and further considering the fact that the suit is filed in the year 2010, learned trial Judge may be directed to expedite hearing of the Page 1 of 3 C/AO/305/2013 ORDER suit, so that lis involved in the matter, can be adjudicated at the early point of time.

3. Considering the lis involved in the matter and relationship between the parties, learned Principal Senior Civil Judge, Kalol, is directed to decide the suit being Special Civil Suit No.41 of 2010 as early as possible, but not later than one year from the receipt of this order, on its merits, uninfluenced by the observations recorded in impugned order. Parties to the proceedings are directed to cooperate with the trial Court and shall not seek unnecessary adjournment.

4. 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 suit 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 order while deciding the suit at the end of trial. The findings recorded by the trial Court at inter locutory stage of the suit are tentative in its nature and the learned trial Judge shall decide the case on its merit and as per evidence that may be led during the course of trial and decide the suit in accordance with law.

5. In view of the above, present Appeal From Order stands disposed of as not pressed.

CIVIL APPLICATION No.7745 of 2013 :

In view of the disposal of the Appeal From Order, this Civil Application does not survive. Hence, same is disposed of.

Page 2 of 3 C/AO/305/2013 ORDER

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

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