AO/99/2006 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No. 99 of 2006 With CIVIL APPLICATION No. 4494 of 2006 In APPEAL FROM ORDER No. 99 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 ? NO 2 To be referred to the Reporter or not ? NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 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 ? NO 5 Whether it is to be circulated to the civil judge ? NO ========================================================= VALJIBHAI LAXMANBHAI BHIMANI - Appellant(s) Versus KILLOLNAGAR COOPERATIVE HOUSING SOCIETY LIMITED - Respondent(s) ========================================================= Appearance : MR MUKESH A PATEL for Appellant(s) : 1, MR MAHESH BHAVSAR FOR MR MUKESH N PATEL for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 23/12/2008 ORAL JUDGMENT 1. Present appeal from order is preferred by the appellant-original plaintiff challenging the impugned AO/99/2006 2/4 JUDGMENT order dated 7.3.2006 passed by the learned Chamber Judge (Court No.14), City Civil Court at Ahmedabad passed below Exh.6, Exh.7 and Exh.14 passed in Civil Suit No.2571 of 2002. 2. At the outset it is required to be noted that the present suit is of the year 2002 and even otherwise on 31.8.2006 the learned Single Judge of this Court (Coram: A.M.Kapadia, J.) passed the following interim order in Civil Application No.4494 of 2006. “RULE. Mr. Mukesh N. Patel, learned advocate appears and waives service of notice of rule on behalf of the Opponent / original Defendant. 2. Heard the learned advocates appearing for the parties on the question of interim relief. 3. On the facts and in the circumstances emerging from the record of the case and a perusal of the impugned order as well as the averments made in the application Exh.5 and the documents annexed therewith, and also the averments made in this application and the Reply Affidavit tendered by the Respondent / Original Defendant, the report of the Court Commissioner, and the photographs forming part of the Appeal Memo as compilation, according to this Court, the Opponent / Original Defendant has erected a wall adjacent to the Applicant's / Plaintiff's wall, wherein there is one small gate, therefore, the prayer in terms of para 5(A) is granted, which shall remain operative till disposal of the Appeal from Order. Direct service is permitted.” AO/99/2006 3/4 JUDGMENT 3. The aforesaid interim relief which was granted after hearing the learned advocate appearing on behalf of the respondent is continued till date. Under the circumstances and considering the fact that the civil suit is of the year 2002, the present appeal from order deserves to be disposed of by directing the learned trial court to decide and dispose of the suit expeditiously within stipulated time, and till then the interim order passed by the learned Single Judge of this Court dated 31.8.2006 passed in Civil Application No.4494 of 2006 is required to be continued without prejudice to the rights and contentions of the respective parties in the suit. 4. Under the circumstances, present appeal from order is hereby disposed of by directing the learned Chamber Judge, City Civil Court at Ahmedabad to decide and dispose of Civil Suit No.2571 of 2002 at the earliest but not later than 31st March, 2010, and until then the interim order passed by the learned Single Judge of this Court dated 31.8.2006 passed in Civil Application No.4494 of 2006 is ordered to be continued, however, the same would be prejudice to the rights and contentions of the respective parties more particularly respondent herein-original defendant. It goes without saying that the learned trial court to decide and dispose of the suit in accordance AO/99/2006 4/4 JUDGMENT with law and on merits and on the basis of the material available on record and the evidence led and without in any way being influenced by the continuation of the interim order and/or the impugned order, and any observation by the trial court as well as the present order may treated tentatively while deciding the application Exh.5/Notice of Motion only. 5. With these, present appeal from order is disposed of with no order as to costs. 6. In view of order passed in appeal from order, no further order is required to passed in civil application. Registry is directed to send writ of this order to the trial court immediately. ( M.R. SHAH, J. ) syed/