High CourtsSingle Bench(2019) 03 GUJ CK 0024

Mepabhai Bhagvanbhai Bharvad (Decd)Through Legal Heirs & 1 Other(S) vs Nayankumar Madhusudhan Majmudar & 13 Other(S)

Gujarat High Court · Decided on 7 March 2019

HON’BLE JUDGES
A.J. Shastri, J
CASE NUMBER
R/Appeal From Order No. 137 Of 2013

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Judgment

3 paragraphs · 301 words
1.

The present Appeal From Order is filed challenging legality and validity of the order dated 12.2.2013 passed by the learned City Civil Judge, Court No.11, Ahmedabad below Notice of Motion Exh.6/7 in Civil Suit No.2800 of 2008.

2.

When the matter is taken up for hearing, the learned Senior Advocate, Mr. Mehul S. Shah has stated that he has received instructions that since the suit proceedings have already commenced and are at the stage of recording of evidence, if this Appeal From Order is disposed of by continuing the interim relief which has been confirmed vide order dated 9.10.2013 till final disposal of the suit, there shall be no objection to both the sides.

3.

In that view of the matter, without entering into the merits of the case, upon joint submission, the present Appeal From Order is disposed of by holding that order dated 9.10.2013 passed by this Court in this Appeal From Order is ordered to be continued till final disposal of the suit. The parties are directed to abide by the same till disposal of the suit. It is needless to say that parties are directed to cooperate with the proceedings at the trial court. Since the suit proceedings are of 2008, it is expected that the learned Trial Judge shall decide the suit as expeditiously as possible, preferably within one year from today. It is made clear that since the observations which have been made in the impugned order as well as continuance of interim relief will be treated as tentative observations only, it would be open for the learned Trial Judge to deal with and decide the main suit independently and in accordance with the law without being influenced by the observations made in the impugned order dated 12.2.2013 passed by the learned City Civil