SCA/9441/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9441 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 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 civil judge ? ========================================================= LILAVATIBEN WD/O MOHANLAL RANCHODDAS & 1 - Petitioner(s) Versus MOHAMMAD SADIQ HAJI ALI & 3 - Respondent(s) ========================================================= Appearance : PARTY-IN-PERSON for Petitioner(s) : 1 - 2. RULE NOT RECD BACK for Respondent(s) : 1 - 4. MR ARIF A SHEKH for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI and HONOURABLE MR.JUSTICE K.M.THAKER Date : 16/10/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) SCA/9441/2008 2/3 JUDGMENT 1. The present petition is filed by two petitioners, of which, petitioner No.2 – Ushaben Mohanlal is appearing party-in-person representing herself and also her mother – Lilavatiben Wd/o Mohanlal Ranchhoddas. The grievance of the petitioners is that the Misc. Civil Appeal No.76 of 2006, which was heard and decided by the Presiding Officer, 2nd Fast Track Court, Surat by judgment and order dated 7th January, 2008 whereby, the learned Appellate Judge was pleased to set aside the order passed by the learned Judge of Small Cause Court, Surat in Small Cause Suit No.135 of 2005 below Exhs.5 and 48. 2. Having heard the petitioner No.2 – party-in- person and looking to the facts of the case, the orders passed by the learned Judge of Small Cause Court, Surat below Exhs.5 and 48 are restored. The order passed in Misc. Civil Appeal No.76 of 2006 is quashed and set aside. Parties are directed to maintain status-quo in true sense of the term. The parties are directed not to put up any construction till the suit is finally heard and decided. SCA/9441/2008 3/3 JUDGMENT 3. Special Civil Application No.9441 of 2008 stands allowed in the aforesaid terms. [RAVI R. TRIPATHI, J.] [K.M.THAKER, J.] kdc