IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No 188 of 2001 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? -------------------------------------------------------------- PRATAP PARSHURAM JADHAV DECD. THRO' HEIRS Versus SARDAR BHILADWALA PARDI PEOPLES CO.OP. BANK LTD. -------------------------------------------------------------- Appearance: 1. Appeal from Order No. 188 of 2001 MR BP GUPTA for Appellant No. MR BS PATEL for Respondent No. 1 MRS RANJAN B PATEL for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE K.S.JHAVERI Date of decision: 18/02/2005 ORAL JUDGEMENT 1. The appellant has preferred this appeal from order being aggrieved by the order dated 03/04/2001 passed below application exh.5 by the learned Civil Judge (S.D.), Valsad in Special Civil Suit No.33 of 1999, whereby the said application was rejected. 2. While admitting this Appeal from Order, this Court in Civil Application No.5792 of 2001 had directed the parties to maintain status quo as reqards the land in question till the disposal of this appeal from order. Now as status quo is operating, it would be appropriate to direct the parties to maintain the same position, till the suit pending before the said Court is finally disposed of. 3. I have heard learned counsel for the parties and have perused the relevant documents on record. In view of the facts and circumstances of the case, I am of the opinion that ends of justice would be met if the trial Court is directed to expedite the hearing of the said suit while continuing the status quo granted by this Court. 4. Therefore, without entering into the merits of the matter, the trial Court is directed to expedite the hearing of the suit being Special Civil Suit No.33 of 1999 pending before the Court of the learned Civil Judge (S.D.), Valsad 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. 5. With the above observations and directions, the Appeal from Order stands disposed of. Parties are directed to maintain status quo till the said suit is finally disposed of. Office is directed to send writ of this order forthwith. [K. S. JHAVERI, J.] pravin/