SCA/10155/2001 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 10155 of 2001 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 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 ? ========================================================= HEMANT RATILAL MAGITHIA & 3 - Petitioner(s) Versus SARASWATINAGAR CO-OP HSG. SOC LTD - Respondent(s) ========================================================= Appearance : MR RAMNANDAN SINGH for Petitioner(s) : 1 - 4. MR SK JHAVERI for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 26/02/2008 ORAL JUDGMENT 1. The petitioners have preferred the petition for challenging the order passed by the Tribunal below Ex.5 for temporary injunction in Revision SCA/10155/2001 2/4 JUDGMENT Application No.352 of 2000, whereby the interim injunction granted by the learned Nominee is stayed by the Tribunal and the revision is ordered to be placed before the Division Bench of the Tribunal. 2. Considering the facts and circumstances and upon hearing the learned Counsel for the respondent, Ms.Jhaveri, it appears that when this Court (Coram: Kundan Singh, J.) considered the matter on 29.10.2001, notice was issued and the respondent was directed not to make any further construction on the common plot of Saraswatinagar Cooperative Housing Society. Thereafter, the matter came to be admitted and the interim relief continued in terms of para 9(B). As a result thereof, the Society is restrained from making construction over the common plot of the respondent Society. 3. It appears that when the matter is at large pending before the Tribunal in revisional proceedings against the interim order passed by SCA/10155/2001 3/4 JUDGMENT the learned Nominee, any observations by this Court on merits may prejudice the rights of either side in the proceedings of the Tribunal and as the matter is only at the stage of Ex.5, it would be just and proper to direct the Tribunal to decide the revision application within some reasonable time and till then, the interim relief granted by this Court can be continued with the observations that the Tribunal shall decide the matter independently on the basis of the material available before it and shall not be influenced by the fact that the interim relief has been continued by this Court. 4. Hence, it is directed that the Tribunal shall decide the revision application No.352 of 2000 as early as possible, preferably within a period of three months from the date of receipt of the order of this Court. It is also directed that until the Tribunal decides the revision application No.352 of 2000, the interim relief granted by this Court shall continue to remain in operation. SCA/10155/2001 4/4 JUDGMENT 5. The petition is disposed of in terms of the aforesaid directions. Subject to the aforesaid observations and directions, rule is discharged. No order as to costs. 26.2.2008 (Jayant Patel, J.) vinod