AO/210/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No. 210 of 2008 With CIVIL APPLICATION No. 7425 of 2008 In APPEAL FROM ORDER No. 210 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 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? ========================================================= JOHN DAHYABHAI CHRISTIAN - Appellant(s) Versus GHODASAR MAHALAXMI CO-OP HSG SOC. LTD & 2 - Respondent(s) ========================================================= Appearance : MR AS ASTHAVADI for Appellant(s) : 1, None for Respondent(s) : 1 - 2. MR PJ YAGNIK for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 28/08/2008 ORAL JUDGMENT Admit. Mr.P.J.Yagnik, learned Advocate waives service of notice of admission on behalf of AO/210/2008 2/4 JUDGMENT respondent No.3 who is on caveat and who is main contesting respondent. 2. By way of present Appeal from Order, appellant – original plaintiff has prayed for an appropriate Writ, direction and order quashing and set aside the impugned order dated 15.02.2008 passed by the learned Judge, City Civil Court, Ahmedabad below Exh.6; Exh.37 and Exh.57 in Civil Suit No.1651 of 2007 by which while partly allowing the Notice of Motion, learned City Civil Judge has passed the order restraining the defendants from only transferring further the suit property situated at House No.18, Ghodasar, Mahalaxmi Cooperative Housing Society Limited till final disposal of the suit. However, the learned City Civil Court did not grant any interim injunction restraining the defendants more particularly respondent No.3 from putting up any construction and further observing that as and when said defendant puts up any construction, said defendant would not claim any equity. 3. Prima-faice it appears that the learned City Civil Court ought to have granted interim injunction AO/210/2008 3/4 JUDGMENT restraining defendant No.3 from putting up any construction and such type of order that if construction is put up, concerned defendant would not claim any equity is deprecated by the Hon'ble Supreme Court. However, it appears that during the pendency of the present proceedings and before any appropriate order is obtained from this Court in the present Appeal from Order, respondent No.3 has already put up construction and started living. Therefore, as such present Appeal from Order has become infructuous. However, still it is observed and directed that respondent No.3 shall not put up any further construction and shall not transfer, alienate the property in question in any manner whatsoever and/or create any charge over the same and whatever may be the outcome of the Suit, respondent No.3 herein – original defendant No.3 shall abide by the same and will not claim any equity subsequently on the ground that he has already put up construction and any construction which is put up by respondent No.3 herein – defendant No.3 would be subject to the ultimate outcome of the Suit and subject to the further order passed by the learned City Civil Court, AO/210/2008 4/4 JUDGMENT Ahmedabad. It will be open for the plaintiff to submit an appropriate application before the learned City Civil Court, Ahmedabad for expeditiously hearing of the Suit and same be considered by the learned City Civil Court, Ahmedabad looking to its own Board. It is made clear that learned City Civil Court, Ahmedabad to decide and dispose of the Suit in accordance with law and on merits without in any way being influenced by the order passed below Notice of Motion. With these, present Appeal from Order is disposed of. In view of disposal of the Appeal from Order, no order in Civil Application. [M.R.Shah,J.] satish