IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No 44 of 1994 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 -------------------------------------------------------------- VITHALBHAI JETHABHAI PATEL Versus BHAGYODAYA RUBBER INDUSTRIES -------------------------------------------------------------- Appearance: 1. Appeal from Order No. 44 of 1994 MR NILESH A PANDYA for Petitioners No. 1-2 (MR PB MAJMUDAR) for Respondents No. 1-2 NOTICE UNSERVED for Respondents No. 1-2 -------------------------------------------------------------- CORAM : MR.JUSTICE B.J.SHETHNA Date of decision: 01/11/2001 ORAL JUDGEMENT The appellants-original defendants have challenged in this appeal the impugned order dated 10.1.1994 passed by the 5th Jt.Civil Judge (S.D.), Vadodara. Along with this appeal appellants have also filed Civil Application for interim orders. The said Civil Application has been disposed of by the learned Single Judge of this court with a direction to the parties to maintain status quo till the final disposal of the appeal. In the instant case, suit is of 1991 and the learned Trial Judge passed the order below Ex.5 way back on 10.1.1994. Though this appeal was entertained in 1994, for all these seven years the matter could not be heard immediately thereafter, for some or the other reason. Under the circumstances, it was agreed by the learned counsel for the parties that without going into the merits, legality and validity of the impugned order passed by the trial court this appeal be disposed of with a direction to the learned Trial Judge to decide the Special Civil Suit No.607/91 as early as possible and till then the interim order of status quo granted earlier by this court may continue. Accordingly, this appeal is disposed of with a direction to the trial court to decide the Special Civil Suit No.607/91 as early as possible and not later than 31.12.2002. Parties shall fully cooperate with the final disposal of the suit. Till then interim order of status quo granted earlier by this court on Civil Application shall continue. (B.J.Shethna, J.) *Pvv