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Judgment
K.S. Jhaveri, J.—By way of present Revision Application, the applicant has inter alia prayed for quashing and setting aside the judgment and decree dated 30th December 2000 passed by the Joint District Judge, Jamnagar in Civil Miscellaneous Appeal No. 56 of 2000.
When present petition came up for admission hearing, this Court (Coram: H.R. Shelat, J) on 17th January 2001 passed the following order:
Rule returnable on 5th February, 2001. Mr. Hasit Joshi, learned advocate for the Respondents waive the service of rule.
Hearing both the learned advocates and perusing the copies of the judgments of both the Courts as well as the rent note and photographs shown, it becomes clear that the Petitioner has made out a case for interim relief he has sought in this revision application. The Respondents are, therefore, directed not to make the use of the door placed on the Northern side and interfere with the tenancy rights and use and occupation of Otta admeasuring 10'' X 3'', till final disposal of this revision application.
It is pertinent to note that this Court after taking into consideration the pros and cons of the matter has passed the aforesaid order and the said interlocutory order has remained undisturbed till date. In view of the same, in my opinion, it would not be appropriate for this Court to disturb the said position prevailing since the year 2001 at this stage. The interest of justice would be met by disposing of the matter by suitable directions to the parties as well as the concerned Court.
In view of aforesaid, the trial Court is hereby directed to commence the trial of Regular Civil Suit No. 938 of 2000 from from 20th June 2011 which is pending before it and to dispose of the same within a period of one year from the date of receipt of writ of present decision. The parties will be governed by the aforesaid interlocutory order dated 17th January 2001 rendered by this Court in present application till final disposal of the aforesaid suit. The Revision Application stands disposed of accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.
It is, however, clarified that the trial Court will not be influenced by the observations made by it in the impugned order as well as the observations made this Court while granting interim relief.