IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No 281 of 2001 For Approval and Signature: HON'BLE MR.JUSTICE K.S.JHAVERI ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- SUKHDEV CHUHARMAL Versus SHOBHRAJBHAI CHUHARMAL -------------------------------------------------------------- Appearance: 1. Appeal from Order No. 281 of 2001 MR AJ SHASTRI for Appellant No. MR CL SONI for Respondent No. 1,3-4,6-7 RULE SERVED for Respondent No. 1,2,5,8-11-7 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE K.S.JHAVERI Date of decision: 23/02/2005 ORAL JUDGEMENT 1. The appellants have preferred this appeal from order being aggrieved by the order dated 27/06/2001 passed in order below application exh.5 by the learned 4th Jt. Civil Judge (S.D.), Surat in Special Civil Suit No.45 of 2000, whereby the said application was rejected. 2. While admitting this Appeal from Order, this Court by order dated 08/10/2001 passed in Civil Application No.7874 of 2001 had stayed the operation of the impugned order till the final disposal of the appeal. Now as interim relief is operating, it would be appropriate to direct the parties to maintain status quo, till the suit pending before the said Court is finally disposed of. 3. I have heard learned counsel for the parties and have perused the relevant documents on record. In view of the facts and circumstances of the case, I am of the opinion that ends of justice would be met if the trial Court is directed to expedite the hearing of the suit while continuing the interim relief granted by this Court. 4. Therefore, without entering into the merits of the matter, the trial Court is directed to expedite the hearing of the suit being Special Civil Suit No.45 of 2000 pending before the Court of the learned 4th Jt. Civil Judge (S.D.), Surat and to dispose it of within a period of six months, if it is already ripe for hearing; otherwise, within a period of one year from the date of receipt of writ of this order. Parties are directed to maintain status quo till the said suit is finally disposed of. 5. With the above observations and directions, the Appeal from Order stands disposed of. Office is directed to send writ of this order forthwith. [K. S. JHAVERI, J.] pravin/