Mohanbhai Madhabhai Patel and 4 vs Kanubhai Shyambhai Patel

Honourable Mr. Justice J.B. Pardiwala

In this petition preferred under Article 227 of the Constitution of India, the petitioners have challenged the order dated 21st August 2004 passed by the learned Civil Judge (S.D.) at Himmat nagar below Exh.7 in Regular Execution Petition No.14 of 2003. This Court passed the following order on 27th October 2004 :-

RULE. Interim relief in terms of para 13(c) is granted qua petitioner no.2 only.

With the consensus of both the parties, the following order is passed :-

The Regular Civil Suit No.227 of 2002 pending before the Court of learned Civil Judge (S.D.), Himmat nagar filed by petitioner no. 2 - Amanda been Mohan bah Patel shall be decided and disposed of within four months from the date of receipt of writ from this Court.

Both the parties have agreed before this Court that they will not take unnecessary adjournments before the trial Court. Both the parties shall maintain status quo with respect to shop in question till the suit is decided finally. The respondent has agreed before this Court tha the will not proceed further against petitioner no. 2 in execution proceedings.

The trial Court is hereby directed to decide and dispose of the suit as expeditiously as possible but not later than four months from the date of receipt of writ from this Court. However, it is clarified that this order shall not come in the way of the respondent herein in proceeding further with the Execution Petition No. 14 of 2003 pending before the Court of Civil Judge (S.D.) at Himmat nagar, qua petitioner no.1.

It is hereby directed that the Civil Misc. Application No.46 of 2011 filed by petitioner no.1 and pending before the District Court, Sabarkantha at Himmat nagar shall also be decided as expeditiously as possible.

In view of the aforesaid directions, no further adjudication on merits is necessary. The petition is accordingly disposed of with no order as to cost. Rule is discharged.