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Judgment
Honourable Mr. Justice Rajesh H. Shukla
The present matter is placed before this Court with the office note and the report of the Additional District Judge, Gandhidham dated 14/12/2012 regarding extension of time for disposal of the Special Civil Suit No. 2 of 2011 for six months as stated in the communicated by the Principal District Judge Bhuch-Kachchh addressed to the Registrar General High Court of Gujarat. After hearing the parties, the High Court (Coram J.C. Upadhyaya, J.) vide judgment dated 06/07/2012, directed that Regular Civil Suit No. 2 of 2012 may be disposed of preferably on or before 31/12/2012. This order was also carried before the Hon''ble Apex Court by way of SLP (C) CC No. 20246 of 2012. In the said matter, the Hon''ble Apex Court directed to place it along with SLP No. (C) 33463 of 2012 vide its order dated 26/11/2012. Thereafter the Hon''ble Apex Court passed an order on 14/12/2012 in both the SLP (C) No. 33463 of 2012 as well as SLP (C) CC No. 20246 of 2012 which is as follows:
Delay condoned.
Having heard learned counsel for the parties at some length, we are of the view that instead of going into the merits of the impugned orders at this stage, it would be expedient and proper if the trial court is directed to dispose of the applications filed by the parties under Order 39 Rules 1 and 2 as also under Rule 4 of Order 39, C.P.C. in Regular Suit Nos. 3 and 2 of 2011 expeditiously. We may note that by the impugned orders dated 9th October, 2012 and 6th July, 2012, the High Court has directed the trial court to dispose of the said applications within a period of 60 days/six months from the date of receipt of copy of their orders. We are, however, informed that the said applications have not even been taken up for consideration.
Under the circumstances, we direct the trial court to disposes of the said applications as expeditiously as possible but in any case, not later then four weeks from the date of receipt of copy of this order. Learned counsel appearing for the parties assure us that their clients shall not seek adjournment and shall render full cooperation in the disposal of the said applications.
The special leave petitions stand disposed of accordingly.
Thus, the Hon''ble Apex Court has directed for disposal of the applications i.e. Regular Civil Suit No. 2 of 2011 and another application. The order of the Hon''ble Apex Court clearly refers to this aspect. Therefore, as directed by the Hon''ble Apex Court, the trial court has to dispose of both the applications within a period of four weeks from receipt of the orders of the Hon''ble Apex Court. The propriety and discipline requires that once it has been directed the direction has to be complied with.
Therefore, if the copies of the orders of the Hon''ble Apex Court have not been communicated or sent to the concerned court, the Registry of the High Court is directed to send forthwith the said copies of the order of Hon''ble Apex Court along with copy of present order to the Additional Sessions Judge, Gandhidham at Kachchh which may be communicated through Principal District Judge, Gandhidham with a specific note that the matter has to be proceed as directed.
It goes without saying that the Additional District Judge, Gandhidham-Kachchh shall comply with the aforesaid direction to decide the said applications as directed.
Further an endeavour shall be made to dispose of the whole suit i.e. Regular Civil Suit No. 2 of 2011 as directed by the High Court expeditiously as expeditiously as possible which shall not be later then 31/03/2013. Therefore, extension which has been asked for disposal of the Regular Civil Suit No. 2 of 2011 is granted for a period of three months i.e. up to 31/03/2013. The copy of this order and the orders of the Hon''ble Apex Court referred to herein above may be sent forthwith by fax to the Additional District Judge, Bhuj-Kachchh for further steps in connection with the report of compliance.