Gujarat High Court
Mohanbhai vs Ramani on 13 May, 2011
Author: M.R. Shah
Bench: M.R. Shah
Gujarat High Court Case Information System
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SCA/4329/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4329 of 2011
With
CIVIL
APPLICATION No. 5818 of 2011
In
SPECIAL CIVIL APPLICATION No. 4329 of 2011
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MOHANBHAI
N VADODARIA & 4 - Petitioners
Versus
RAMANI
EDUCATION TRUST - THROUGH C/O NEBULA SCHOOL & 3 - Respondents
======================================
Appearance :
MR
ASHISH M DAGLI for the Petitioners.
RULE NOT RECD BACK for
Respondent(s) : 1 - 4.
MR ANSHIN H DESAI for Respondent(s) : 2,
4,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/05/2011
ORAL
ORDER
1. By way of this petition under Article 227 of the Constitution of India, the petitioners - original defendants have prayed for an appropriate writ, order and/or direction, quashing and setting aside the impugned order dated 05/03/2011 passed by learned Principal District Judge, Junagadh in Civil Misc. Appeal No.4/2011.
2. While admitting the the present petition, learned Single Judge has granted the interim relief in terms of Para-15(C) on condition that the petitioners will keep open the existing gate situated on the easternside of the common plot, adjoining to the plot No.6 towards six meters road as indicated in the layout plan at page no.65, so that the students of the original plaintiff- School can ingress and egress.
3. Today when the present petition is taken up for hearing with Civil Application, Mr.Ashish Dagli, learned advocate appearing on behalf of the petitioners and Mr.Anshin Desai, learned advocate appearing on behalf of respondent Nos.2 & 4, under the instructions from their respective clients, have jointly requested to dispose of the present petition by making interim relief absolute till final disposal of the Civil Misc.Appeal No.4/2011. However, they have requested that the same shall be without prejudice to the rights and contentions of the respective parties in the Civil Misc.Appeal No.4/2011. It appears that there was some dispute with respect to compliance of the order dated 05/04/2011 passed by this Court and, therefore, the respondents herein have preferred Civil Application No.5818/2011 making a grievance with respect to compliance of the order dated 05/04/2011 passed by this Court.
4. Mr.Ashish Dagli, learned advocate appearing on behalf of the petitioners, under the instructions from his clients, has stated at the bar that there is a compliance on the part of the original petitioners and in fact, it is respondent Nos.2 and 4, who have applied their lock, which is disputed by Mr.Anshin Desai, learned advocate appearing on behalf of respondent Nos.2 and 4.
5. Mr.Ashish Dagli, learned advocate appearing on behalf of the original petitioners, under the instructions from his clients, has stated at the bar that interim order dated 05/04/2011 passed by this Court, which is now to be made absolute and continued till final disposal of the Civil Misc.Appeal No.4/2011, shall be complied with in its true spirit (though it is the case on behalf of the petitioners that though there is a compliance of the said order.)
6. In view of the above, the present petition is disposed of by continuing the interim arrangement made by this Court vide order dated 05/04/2011, meaning thereby, the petitioners will keep open the existing gate situated on the easternside of the common plot, adjoining to the plot No.6 towards six meters road as indicated in the layout plan at page no.65, so that the students of the original plaintiff- school can ingress and egress, during the pendency and final disposal of the Civil Misc. Appeal No.4/2011. However, the same shall be without prejudice to the rights and contentions of the respective parties in the main Civil Misc.Appeal No.4/2011 and the learned Appellate Court to decide and dispose of Civil Misc.Appeal No.4/2011 in accordance with law and on merits and without in any way being influenced by the present interim arrangement. With this, the present petition is disposed of. Rule is made absolute to the aforesaid extent. No costs.
7. In view of disposal of the main petition and statements made by learned advocates appearing on behalf of the respective parties, as recorded hereinabove, no order in the Civil Application and the Civil Application is also accordingly disposed of. No costs.
Direct service is permitted.
[M.R.SHAH,J] *dipti Top