Balubhai Laxmichand Patel vs Jayantibhai Makwana

Honourable Mr. Justice Rajesh H. Shukla

Present Appeal from Order has been filed by the appellant-original plaintiff under Order XLIII Rule 1 read with Section 104 of the CPC being aggrieved with the order passed below Exh. 5 in Special Civil Suit No. 80 of 2010 by 3rd Additional Senior Civil Judge, Bharuch dated 28.02.2011 on the grounds stated in the memo of Appeal from Order. Heard learned counsel, Mr. J.V. Japee for the appellant-original plaintiff and learned counsel, Mr. Kashyap Joshi for the respondent-original defendant.

Learned counsel, Mr. Joshi has stated that the applicant, Exh. 5 has been dismissed by the trial court vide impugned order dated 28.02.2011. However, he fairly states that the respondent herein makes a statement that he will not transfer the property in question till final outcome of the Suit and Suit may be ordered to be expedited. He, therefore, submitted that in view of the said statement, present Appeal from Order may be disposed of.

Learned counsel, Mr. Japee for the respondent has no objection.

Therefore in view of the statement made by learned counsel, Mr. Joshi that the property in question shall not be transferred till final disposal of the aforesaid Special Civil Suit No. 80 of 2010 pending in the Court of 3rd Additional Senior Civil Judge, Bharuch, the present Appeal from order stands disposed of without entering into the merits of the matter. However it is directed that Special Civil Suit No. 80 of 2010 pending in the Court of 3rd Additional Senior Civil Judge, Bharuch shall be disposed of as early as possible preferably within one year. The parties shall cooperate in early disposal of the Suit. It goes without saying that Suit shall be disposed of in accordance with law without being influenced of this order regarding disposal of Appeal from Order. In view of disposal of main Appeal from Order, Civil Application for stay does not survive and stands disposed of accordingly. Notice is discharged.