AO/152/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No. 152 of 2007 with CIVIL APPLICATION No. 5604 of 2007 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 ? ========================================= = INDRACHAND GUMANMAL NATA - Appellant(s) Versus SAMIR SINGH CHATRASINH VAGHELA & 1 - Respondent(s) ========================================= = Appearance : MR DC DAVE for Appellant(s) : 1, MR SUNIL S JOSHI for Respondent(s) : 1, DS AFF.NOT FILED (R) for Respondent(s) : 2, ========================================= = CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 07/08/2008 ORAL JUDGMENT AO/152/2007 2/3 JUDGMENT 1. Heard Shri D.C. Dave appearing on behalf of the appellant and Shri Sunil S. Joshi appearing on behalf of respondent no. 1, who can be said to be the main contesting party. 2. The present Appeal from Order is preferred by the appellant-original plaintiff challenging the order passed by the learned 6th Additional Senior Civil Judge, Ahmedabad below Exh. 5 in Regular Civil Suit No. 35/2006 by which the learned trial Court has dismissed the application, Exh. 5 submitted by the appellant herein. 3. There is a broad consensus between the learned advocates appearing for the respective parties to the effect that during the pendency of the suit, the parties shall maintain status-quo. 4. Shri Sunil Joshi, learned advocate appearing on behalf of respondent no. 1, under instructions from his client, has submitted that during the pendency of the suit in question, respondent no. 1 shall maintain status-quo with respect to possession, construction, nature of the property and title etc. 5. Under the circumstances, the impugned order passed by the learned trial Court is modified to the extent that the respective parties to the suit are directed to maintain status- quo with respect to the land in question qua possession, construction, nature of the property and title till the disposal of Special Civil Suit No. 35/2006. 6. It will be open for the parties to move the learned trial AO/152/2007 3/3 JUDGMENT Court for expeditious hearing of the suit, if the pleadings are completed. 7. With this, the present Appeal from Order is allowed. Rule is made absolute to the aforesaid extent with no order as to costs. CIVIL APPLICATION No. 5604/2007 In view of disposal of the Appeal from Order, no order on the Civil Application, and the same is disposed of accordingly. (M.R. SHAH, J.) siji