IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 2159 of 2004 For Approval and Signature: HON'BLE MR.JUSTICE K.S.JHAVERI ============================================================ 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 concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- RANCHHODBHAI MAGJIBHAI GARASIA Versus MANIBEN GOVANBHAI PATEL -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 2159 of 2004 MR RK MISHRA for Petitioner No. 1 MR ZUBIN F BHARDA for Respondent No. 1 RULE SERVED for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE K.S.JHAVERI Date of decision: 15/04/2005 ORAL JUDGEMENT 1. The petitioner herein has challenged the order dated 07/11/2003 passed by the learned District Judge, Valsad in Misc. Civil Appeal No.70 of 2002, whereby the appeal was allowed and the order passed by the learned Civil Judge (J.D.), Dharampur in R.C.S.No.60 of 1996 below exh.5 on 19/06/1997 was quashed and set aside. 2. By order dated 01/03/2004, this Court had directed the parties to the suit to maintain status quo as regards the possession of the suit property in question. Since status quo is operating, it would be appropriate to direct the parties to maintain the said position till the suit pending before the trial Court is disposed of while expediting its hearing. 3. Therefore, without entering into the merits of the matter, the trial Court is directed to expedite the hearing of the suit being Regular Civil Suit No.60 of 1996 and to dispose it of within a period of six months, if it is already ripe for hearing; otherwise, within a period of one year from the date of receipt of writ of this order. Parties are directed to maintain status quo granted by this Court till the said suit is disposed of. 4. With the above observations and directions, the petition stands disposed of. Rule is made absolute to the aforesaid extent. Office is directed to send writ of this order forthwith. [K. S. JHAVERI, J.] pravin/