SCA/768302/2002 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7683 of 2002 For Approval and Signature: HONOURABLE MR.JUSTICE A.S.DAVE ========================================================= 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 ? ========================================================= RASIKBHAI TRIBHUVANDAS RANA - Petitioner(s) Versus THE EXECUTIVE ENGINEER & 3 - Respondent(s) ========================================================= Appearance : HL PATEL ADVOCATES for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1 - 2, 4, MR HS MUNSHAW for Respondent(s) : 1, RULE UNSERVED for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE A.S.DAVE Date : 24/10/2007 ORAL JUDGMENT 1. At the joint request of learned advocates appearing for the parties, this matter is taken up SCA/768302/2002 2/3 JUDGMENT for final hearing. 2. The suit premises which came to be alloted to respondent No.3 on 1.12.1997 and respondent No.3 executed irrevocable power of attorney in favour of the petitioner who was in possession of the suit premises on 7.12.1988. That respondent Nos. 1 and 2 issued advertisement for allotment of certain house of Gujarat Housing Board and petitioner herein filed Regular Civil Suit No.45/2000 in the Court of learned Civil Judge (J.D.) and made an application for interim injunction. The trial court granted ad interim injunction and which was ultimately confirmed in favour of the petitioner on 7.7.2000. That being aggrieved and dis-satisfied by the said order the respondent Nos. 1 and 2 preferred Misc. Civil Appeal No.124/2000 in the District Court at Bharuch which ultimately came to be allowed and the order of the injunction of the trial court came to be set aside by the appellate court on 12.7.2002 against which this petition is filed which came to be admitted on 17.9.2004 and status quo granted earlier by the order dated 28.8.2002 ordered to be continued. 3. Today when the matter is called out, a joint request is made by learned advocates appearing for the parties that till the suit proceedings are decided, proper direction be given to the trial court to decide the same as expeditiously as possible by continuing the status quo granted in this proceedings, since this Special Civil Application is SCA/768302/2002 3/3 JUDGMENT filed ultimately against the order of grant of injunction which came to be quashed and set aside by the appellate court. 4. Heard learned advocates appearing for the parties. Considering the facts and circumstances of the case, and parties have agreed to pursue the proceedings before the Civil Court where Regular Civil Suit No.45/2000 is pending the status quo granted in this petition is ordered to be continued till final disposal of the suit. The trial court is expected to dispose of the suit and decide the suit proceedings preferably within a year. 5. The petition is disposed of accordingly. Rule is made absolute to the above extent with no order as to costs. [ANANT S. DAVE, J.] //smita//