AO/140/2008 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No. 140 of 2008 To APPEAL FROM ORDER No. 143 of 2008 WITH CIVIL APPLICATION No. 5690 of 2008 TO CIVIL APPLICATION No. 5693 of 2008 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 ? ========================================================= A M C - Appellant(s) Versus PIYUSH CHANDULAL SONI THROUGH HEIR BHAVIN P SONI - Respondent(s) ========================================================= Appearance : MR RITESH K SONI for Appellant(s) : 1, MR PM VYAS for Respondent(s) : 1, MR HIREN P VYAS for Respondent(s) : 1, MS SEJAL H VYAS for Respondent(s) : 1, ========================================================= AO/140/2008 2/5 JUDGMENT CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 10/07/2008 ORAL JUDGMENT 1. ADMIT. 2. Mr.Hiren P.Vyas, learned advocate waives the service of notice of admission on behalf of the respective opponents – original plaintiffs. 3. Heard Mr.Maulin Raval, learned advocate with Mr. Hitesh K. Soni, learned advocate appearing on behalf of the respective appellant – Ahmedabad Municipal Corporation and Mr.Hiren P.Vyas, learned advocate appearing on behalf of the respective opponents – original plaintiffs. 4. With the consent of the learned advocate appearing on behalf of the respective parties, all these appeals are taken up for final hearing today. 5. In all these Appeal From Orders, the appellants herein – original defendant – Ahmedabad Municipal Corporation has challenged the order passed by the learned City Civil Court at Ahmedabad below notice of motion in respective suits allowing the notice of motion and granting injunction AO/140/2008 3/5 JUDGMENT as prayed for in terms of para 15-A till final disposal of the suit i.e. restraining the appellants – Ahmedabad Municipal Corporation, its agent and servants from disturbing or taking forcible possession of the stalls situated at Balvatika, Kankariya at Ahmedabad without adopting due process of law. 6. When all these appeals were taken up for hearing and all are heard, there is broad consensus between the learned advocate appearing on behalf of the respective parties under the instructions of their respective clients that ... the impugned orders passed by the learned City Civil Court at Ahmedabad below notice of monition in respective suits be modified to the extent that it will be open for the Corporation to invite fresh tenders for the respective stalls and the concerned respondents - original plaintiffs be permitted to submit their offers and participate in the tender proceedings and till then, their possession may not be disturbed. 7. The learned advocate appearing on behalf of the Ahmedabad Municipal Corporation has submitted that the entire process of inviting fresh tenders and allotment in favour of highest bidder will be completed within 3 months from today. AO/140/2008 4/5 JUDGMENT 8. In view of the above broad consensus between the learned advocate appearing on behalf of the respective parties under the instructions of their respective clients, the orders passed by the learned City Civil Court at Ahmedabad below notice of motions, which are impugned in the respective Appeal From Orders are hereby modified and it is ordered that the Ahmedabad Municipal Corporation is permitted to invite fresh tenders with respect to respective stalls and complete the tender proceedings and pass appropriate order of allotment in favour of highest bidder within a period of three months from today as submitted by the learned advocate appearing on behalf of the Ahmedabad Municipal Corporation and till then the parties are directed to maintain status-quo and the original plaintiffs are permitted to continue with the possession of their respective stalls till then and in the meantime, the original plaintiffs to pay the rent regularly, which may be treated as mesne profit. It is observed that it will be open for the original plaintiffs to submit their offers as and when tenders are invited and the same be considered by the Ahmedabad Municipal Corporation in accordance with law. All the original plaintiffs to hand over the possession AO/140/2008 5/5 JUDGMENT of the respective stalls to Ahmedabad Municipal Corporation in case they are not found to be highest bidders and on allotment/lease in favour of highest bidder. 9. With the above observations and directions, all the Appeal From Orders and the Civil Applications are disposed of. [M.R. SHAH, J.] rafik