SCA/7104/2007 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7104 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 ? 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 ========================================================= DEEPAKBHAI JAMNADAS POPAT & 5 - Petitioner(s) Versus RAJENDRABHAI JAYANTILAL KOTAK & 2 - Respondent(s) ========================================================= Appearance : MR DC SEJPAL for Petitioner(s) : 1, 1.2.1,1.2.2 - 6. RULE NOT RECD BACK for Respondent(s) : 1 - 2. MR HARSHIT S TOLIA for Respondent(s) : 1 - 2. None for Respondent(s) : 3, RULE SERVED for Respondent(s) : 3.2.1, 3.2.2, 3.2.3,3.2.4 ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 30/04/2008 ORAL JUDGMENT 1. Present Special Civil Application under Article 227 of the SCA/7104/2007 2/5 JUDGMENT Constitution of India is filed by the petitioners-original plaintiffs quashing and setting aside the order dated 17.2.2007 passed by the learned Presiding Officer, Fast Track Court No.2, Rajkot in Civil Misc. Appeal No.58/2006 as well as the order passed by the learned 2nd Addl.Senior Civil Judge, Rajkot passed below Exh.5 in Special Civil Suit No.93/97 dated 24.5.2003. 2. It appears from the proceedings that the petitioners- original plaintiffs had filed a Special Civil Suit No.93/97 in the Court of learned Civil Judge (S.D.), Rajkot against the defendants with the prayers that the judgment and decree dated 7.1.1997 passed by the learned Civil Judge (S.D.), Court No.10, Rajkot passed in Special Civil Suit No.61/96 be declared as nullity on account of fraud, collusion and misrepresentation as well as to declare an agreement to sale made by defendants No.1 and 2 as sham and bogus. In the said suit the petitioners-original plaintiffs prayed for interim injunction below Exh.5 restraining the original defendants from transferring in any manner the suit properties included in the said judgment and decree. 2.1 After bi-parte hearing, the trial court dismissed the SCA/7104/2007 3/5 JUDGMENT application below Exh.5 vide order dated 24.5.2003 against which the petitioners-original plaintiffs preferred Civil Misc.Appeal No.58/06 before the learned Presiding Officer, Fast Track Court No.2, Rajkot which came to be dismissed by the learned appellate court vide order dated 17.2.2007. 2.2 Being aggrieved and dissatisfied with the aforesaid two orders, the petitioners-original plaintiffs have preferred the present Special Civil Application under Article 227 of the Constitution of India. 3. It is the case on behalf of the petitioners-original plaintiffs that since submitting the interim injunction application Exh.5 i.e. 19.6.1997 the status-quo order is in operation. It is not in dispute that, even while entertaining present Special Civil Application vide order dated 16.3.2007, the learned Single Judge has granted ad-interim relief in terms of para 7(B) which reads as under: “(B) Your Lordships be pleased to restrain the respondent Nos.1 and 2, their agents and servants etc., from transferring or alienating the suit property as described in para 8 of the judgment and decree SCA/7104/2007 4/5 JUDGMENT dated 7.1.1997 passed in Special Civil Suit No.61/96 (Annexure “C”) during the pendency, admission and final disposal of this petition.” The said ad-interim relief in terms of para 7(B) is in operation till date. Under the circumstances, when the order of status-quo is in existence since 1997 till date and the suit is of the year 1997, it will be in the fitness of things to direct the trial court to decide and dispose of Special Civil Suit No.93 of 1997, as early as possible, but not later than 30th April, 2009, and till then the status-quo order granted is directed to be continued. 4. Accordingly, without further entering into the merits of the case, the present Special Civil Application is disposed of with a direction to the trial court to decide and dispose of Special Civil Suit No.93/97 on or before 30th April, 2009, and till then status-quo which is in operation is directed to be continued. It is made clear that this Court has not expressed any opinion on merits in favour of either parties. The trial court shall decide and dispose of the aforesaid civil suit without in any way being influenced by the order passed SCA/7104/2007 5/5 JUDGMENT below Exh.5 in Special Civil Suit No.93/97 and in accordance with law and on its own merits. 5. With these, present Special Civil Application is disposed of. Rule is discharged with no order as to costs. ( M.R. SHAH, J. ) syed/