High CourtsSingle Bench(2012) 10 GUJ CK 0035

Kalpanaben Champakbhai Parshottambhai Patel and 1 vs Bhanuben Shankarbhai Mahayanshi and 3

Gujarat High Court · Decided on 5 October 2012

HON’BLE JUDGES
M.D. Shah, J
CASE NUMBER
Appeal from Order No. 280 of 2012 with Civil Application No. 8411 of 2012 in Appeal from Order No. 280 of 2012

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Judgment

3 paragraphs · 217 words

M.D. Shah, J.—Heard learned advocate, Mr. Saurabh M. Patel for the appellants and learned advocate, Mr. Unwala for the respondents. It is submitted by learned advocate, Mr. Unwala that as far as terrace portion is concerned, construction is over and now respondents intend to carry out renovation in the premises and except the renovation, the respondents will not carry out any new construction in the disputed property.

2.

Learned advocate, Mr. Saurabh Patel appellants-original plaintiff prayed for order of status quo qua transfer of suit property.

3.

In view of the aforesaid submissions made by learned advocates for the respective parties, respondents original defendants are directed not to transfer the property by any mode to any person till final disposal of the suit. Considering the facts and circumstances of the case, trial court is directed to dispose of the Special Civil Suit No. 84 of 2012 within two years from the date of receipt of this order on its own merits and in accordance with law and without being influenced by this order or earlier passed by the trial court. With the aforesaid directions and observations, this Appeal From Order stands disposed of. In view of the above disposal of main Appeal From Order, Civil Application does not survive and is disposed of accordingly. Notice is discharged.