SCA/3798/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3798 of 2008 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 ? ========================================= = MAVJIBHAI CHEMABHAI GAMIT & 3 - Petitioner(s) Versus JATANIBEN WD/O SARADHIYABHAI THEDIYABHAI & 3 - Respondent(s) ========================================= = Appearance : MR MP SHAH for Petitioner(s) : 1 – 4. MS. KRUTI M SHAH for Petitioner(s) : 1 - 4. MR NV GANDHI for Respondent(s) : 1 - 4. ========================================= = CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 29/07/2008 ORAL JUDGMENT SCA/3798/2008 2/3 JUDGMENT 1. RULE. Shri N.V. Gandhi, learned advocate waives service of rule on behalf of the respondents. 2. With the consent of the learned advocates, the petition is taken up for final hearing today. 3. By way of this petition, under Article 227 of the Constitution of India, the petitioners-original defendants have prayed for appropriate writ, order or direction and to quash and set aside the order dated 25/01/2007 passed by the learned Presiding Officer, Fast Track Court No. 5, Surat at Vyara in Civil Miscellaneous Appeal No. 16/2006 in allowing the said appeal by quashing and setting aside the order passed by the learned trial Court below Exh. 5 in Regular Civil Suit No. 52/2005. 3. At the outset, Shri N.V. Gandhi, learned advocate appearing on behalf of the respondents-original plaintiffs has requested that without observing anything on merits of the case, the impugned order passed by the learned Appellate Court be quashed and set aside and the learned trial Court be directed to decide and dispose of the suit as expeditiously as possible. If such a direction is given, the respondents-original plaintiffs would be satisfied. 4. Ms. Kruti Shah, learned advocate appearing on behalf of the petitioners-original defendants has no objection if some observations are made to the aforesaid effect. 5. Under the circumstances and considering the statement made by Shri N.V. Gandhi, learned advocate appearing on SCA/3798/2008 3/3 JUDGMENT behalf of the respondents-original plaintiffs, the impugned judgement and order passed by the learned Presiding Officer, Fast Track Court No. 5, Surat at Vyara dated 25/01/2008 in Civil Miscellaneous Appeal No. 16/2006 is hereby quashed and set aside and the order passed by the learned trial Court below Exh. 5 in Regular Civil Suit No. 52/2005 is hereby restored. However, it is further observed that this Court has not expressed its opinion on merits of the case and the learned trial Court to decide and dispose of Regular Civil Suit No. 52/2005 as expeditiously as possible without in any way being influenced by any of the observations made by both the Courts below while deciding the Exh. 5 application and/or the present order. 6. With this, the petition is disposed of. Rule is made absolute with no order as to costs. Direct service is permitted. (M.R. SHAH, J.) siji