IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No 649 of 1998 For Approval and Signature: sd/- 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 -------------------------------------------------------------- FUSABHAI DAHYABHAI CHAMAR Versus FULABHAI APABHAI FARPADA -------------------------------------------------------------- Appearance: 1. Appeal from Order No. 649 of 1998 MR BD KARIA for Petitioner No. 1 MR PS CHAMPANERI for Respondents No. 1-5 -------------------------------------------------------------- CORAM : MR.JUSTICE B.J.SHETHNA Date of decision: 16/10/2001 ORAL JUDGEMENT 1. The appellant - plaintiff has challenged in this Appeal the impugned order dated 16.10.1998 passed by the learned trial Judge below Ex.6 in Special Civil Suit No. 49 of 1998 whereby the learned trial Judge rejected the Application Ex.6. 2. On Civil Application, filed in this Appeal, this Court granted interim order in favour of the appellant plaintiff and by virtue of that order at present the appellant - plaintiff is in possession of the land in question. 3. 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 legality and validity of the impugned order passed by the learned trial Judge with a direction to the learned trial Judge to dispose of the main Special Civil Suit No.49 of 1998 pending before the trial Court as early as possible and till then the interim order granted earlier in Civil Application may continue with further direction that the appellant plaintiff shall not transfer or alienate the land in question, in any manner, to any one else till the final disposal of the Suit and plaintiff shall also file Undertaking before the trial Court regarding mesne profit to the satisfaction of the trial Court. 4. Accordingly, without going into the legality and validity of the impugned order passed by the trial Court below Ex.6 in Special Civil Suit No.49 of 1998, this Appeal is disposed of with a direction to the learned trial Judge to decide the main Special Civil Suit No.49 of 1998 as early as possible and not later than 31st December 2002. Till then the interim relief granted earlier on Civil Application filed in this Appeal shall continue. The parties shall fully cooperate with the final disposal of the Suit. Till the final disposal of the Civil Suit No.49 of 1998 the appellant plaintiff shall not transfer or alienate the disputed land admeasuring 7 Acres - 9 Gunthas bearing Survey No.86 to any one else, in any manner. The appellant - plaintiff shall file proper Undertaking before the trial Court within 8 weeks from today regarding mesne profit to the satisfaction of the trial Court. Writ be now sent to the trial Court forthwith. sd/- Date : October 16, 2001 (B.J.Shethna, J.) *sas*