SCA/1022/2006 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 1022 of 2006 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 ? ========================================================= GUJARAT HOUSING BOARD VASAHAT MANDAL - Petitioner(s) Versus GUJARAT HOUSING BOARD & 1 - Respondent(s) ========================================================= Appearance : MR HRIDAY BUCH for Petitioner(s) : 1, MR YF MEHTA for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 04/12/2008 ORAL JUDGMENT 1. Rule. Shri Y. F. Mehta, learned advocate waives service of rule on behalf of the respondents. With the consent of the learned advocates for the respective parties, the matter is taken up for final hearing. 2. Present Special Civil Application under Article 227 of the Constitution of India is filed by the petitioner original appellant of Regular Civil SCA/1022/2006 2/4 JUDGMENT Appeal No. 31 of 2005 pending in the District Court, Junagadh, for an appropriate writ, direction and order quashing and setting aside the order below Exh. 6 dated 19.12.2005 passed in Regular Civil Appeal No. 31 of 2005, by which the learned Appellate Court has dismissed the said application and not granting interim injunction during the pendency and final disposal of the Regular Civil Appeal No. 31 of 2005. 3. In the facts and circumstances of the case and when the appeal is still yet to be decided and disposed of on merits by the learned District Court, Junagadh and considering the fact that the order of status quo has been continued at least since 2006 in the present proceeding, there is a broad consensus between the learned advocates for the respective parties that let status quo order to be maintained by all the parties be continued during the pendency of the appeal and appeal be directed to be disposed of at the earliest and that the original appellant may deposit Rs. 7500/- for each shop and community hall (in all total 5 premises) i.e. Rs. 37,500/- with the learned Appellate Court within a period of two weeks from today. The aforesaid would be without prejudice to rights and contentions of the respective parties and subject to the ultimate outcome of the suit. On such deposit, the learned Appellate Court SCA/1022/2006 3/4 JUDGMENT directed to invest the said amount in Fixed Deposit in any Nationalized Bank initially for a period of one year. 4. In view of the above, broad consensus between the learned advocates for the respective parties, the impugned order passed by the learned Appellate Court dated 19.12.2005 passed below Exh. 6 in Regular Civil Appeal No. 31 of 2005 is hereby quashed and set aside and parties are directed to maintain status quo during the pendency and final disposal of the Regular Civil Appeal No. 31 of 2005 meaning thereby even the appellants, their agents and servants are also restrained from the transferring/alienating and / or creating charge in any manner whatsoever on the aforesaid property. As agreed by the learned advocates for the respective parties, petitioner to deposit in all 37,500/- with the learned Appellate Court within a period of two weeks from today, without prejudice to the rights and contentions of the respective parties and subject to order that may be passed by the learned Appellate Court with respect to the mesne profit. On such deposit, the learned Appellate Court is directed to invest the said amount in Fix Deposit in any Nationalized Bank in the name of Nazir / Registrar initially for a period of one year. In the facts and circumstances of the case, learned Appellate Court is directed to decide and dispose of the SCA/1022/2006 4/4 JUDGMENT Regular Civil Appeal No. 31 of 2005 at the earliest but not later than 31.12.2009. All concerned are directed to co-operate the learned Appellate Court for early disposal of the suit. Rule is made absolute. (M.R.SHAH,J.) kaushik