Panchal Chamanlal Mohanlal vs Panchal Nanchandbhai Mohanbhai and Others

K.S. Jhaveri, J.—By way of this petition, the Petitioner has prayed to quash and set aside the order dated 19.03.2009 passed by the

learned Additional District and Sessions Judge, Banaskantha at Palanpur in Misc, Civil Appeal No. 75 of 2006, whereby the said appeal was

rejected.

While admitting the petition, this Court vide order dated 10.08.2009 by way of interim relief directed the parties to maintain the status-quo qua

the suit property till further orders.

Considering the facts of the case and since the main suit is pending adjudication before the trial Court concerned, it would be appropriate that

the same is disposed of expeditiously since any observations that may be made by this Court on the merits of the present case may prejudicially

affect the rights/ interests of either party in the suit proceedings pending before the trial Court concerned.

In view of the above, the trial Court concerned is directed to dispose of the suit in question expeditiously. Until the suit is disposed of, the interim

order passed by this Court dated 10.08.2009, granting status-quo, shall continue. Both the sides shall co-operate in the proceedings before the

trial Court concerned so that the suit is disposed of expeditiously. It is observed that this Court has not entered into the merits of the case and

therefore, the trial Court concerned shall decide the suit on its own merits and without being influenced by the observations made by it in its earlier

order.

With the above observations and directions, the petition stands disposed of. Rule is made absolute with no order as to costs.