IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No 663 of 1995 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 -------------------------------------------------------------- DILIPBHAI NATVERLAL KOTHARI Versus CHANDRAKANT NATVERLAL KOTHARI -------------------------------------------------------------- Appearance: 1. Appeal from Order No. 663 of 1995 MR JASHWANT SHAH for MR HARIN P RAVAL for Petitioner No. 1 NOTICE SERVED for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE B.J.SHETHNA Date of decision: 02/11/2001 ORAL JUDGEMENT The appellant-original defendant has challenged in this appeal the impugned order dated 21.11.1995 passed below notice of motion Ex.6 in Special Civil Suit No.5643/95 restraining him, his agents from entering in the disputed business premises of the plaintiff bearing Municipal Census No.1122/1-2 and/or disturbing the plaintiff from doing his business therein. However, the learned Trial Judge made it clear that the interim order shall not affect the interest of the defendant regarding co-ownership of the immovable property. This appeal was admitted on 23.4.1996 by the learned Single Judge of this court. Along with this appeal, Civil Application No.7223/95 was filed for interim relief. The parties agreed that they will jointly move the valuer for his report. Thereafter after hearing learned counsel for the parties, on the point of interim relief, interim relief was refused and Civil Application was rejected way back on 23.4.1996. Thus, the impugned order passed by the learned Trial Judge stands till today. In view of the above and having regard to the peculiar facts and circumstances of the case, learned counsel Shri Shah for Haren Raval made only one request to dispose of this appeal without going into the legality and validity of the impugned order passed by the trial court with a direction to the learned Trial Judge to decide the Civil Suit No.5643/95 as early as possible. The request seems to be genuine, therefore, granted. Accordingly, this appeal is disposed with direction to the learned Trial Judge to decide the Civil Suit No.5643/95 as early as possible and not later than 31.12.2002. Parties shall fully cooperate with the final disposal of the suit. (B.J.Shethna, J.) *Pvv