IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No 79 of 2001 For Approval and Signature: Hon'ble MR.JUSTICE B.J.SHETHNA ============================================================ 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 Civil Judge? : NO -------------------------------------------------------------- PANCHMAHAL CEMENT LIMITED Versus PUNIT CORPORATION -------------------------------------------------------------- Appearance: 1. Appeal from Order No. 79 of 2001 MR GM JOSHI for Petitioner No. 1 MR RC KAKKAD for Respondents No. 1,3-6 RULE SERVED for Respondent No. 2 -------------------------------------------------------------- CORAM : MR.JUSTICE B.J.SHETHNA Date of decision: 09/10/2001 ORAL JUDGEMENT 1. In this Appeal the appellant - plaintiff has challenged the impugned order dated 13.2.2001 passed by the learned trial Judge below Ex.5 in Special Civil Suit No.164 of 1998. 2. Having regard to the peculiar facts and circumstances of the case it was agreed by the learned Counsel for the parties that this Appeal be disposed of without going into the merit of the case with a direction to the learned trial Judge to decide Special Civil Suit No.164 of 1998 as early as possible and not later than 31.12.2000 and till then the interim relief granted earlier in Civil Application No.2109 of 2001 be continued. 3. Accordingly, this Appeal is disposed of without going into the legality and validity of the impugned order passed by the trial Court with a direction to the trial Court to dispose of the Special Civil Suit No.164 of 1998 as early as possible and not later than 31.12.2002. Both the parties shall fully cooperate with the final disposal of the Suit. Till then the interim relief granted earlier by this Court in Civil Application No.2109 of 2001 shall continue. Date : October 09, 2001 (B.J.Shethna, J.) *sas*