Sushilkumar Hasmukhbhai Rajput vs Ahmedabad Municipal Corporation
2021 Latest Caselaw 17255 Guj

     C/AO/151/2018                                 ORDER DATED: 16/11/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/APPEAL FROM ORDER NO. 151 of 2018
                                With
             CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
              In R/APPEAL FROM ORDER NO. 151 of 2018
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                  SUSHILKUMAR HASMUKHBHAI RAJPUT
                              Versus
                 AHMEDABAD MUNICIPAL CORPORATION
=============================================
Appearance:
MR DIPEN DESAI(2481) for the Appellant(s) No. 1
MR SATYAM Y CHHAYA(3242) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                          Date : 16/11/2021
                            ORAL ORDER

1. Heard Mr. Dipen Desai, the learned counsel appearing for the appellant and Mr. Satyam Chhaya, the learned counsel appearing for the respondent.

2. This Appeal From Order under Order 43 Rule 1 of the CPC is preferred by the appellant - original plaintiff being aggrieved and dissatisfied with the judgment and order dated 11.09.2017 passed by the City Civil Court, Ahmedabad in notice of motion application below Exhs.6 and 7, whereby the trial Court rejected the application seeking interim injunction pending the Suit being Civil Suit No.9 of 2017.

3. The appellant filed an application seeking interim injunction for restraining the respondent - Corporation from demolishing the construction of the suit property pending hearing of the Suit. This Court by order dated 25.07.2018, by way of ad-interim relief granted status quo as regards the construction on the property in question. The order dated

C/AO/151/2018 ORDER DATED: 16/11/2021

25.07.2018 passed by this Court reads thus:

"APPEAL FROM ORDER NO. 151 of 2018:

NOTICE returnable on 8th August 2018. Direct service is permitted.

CIVIL APPLICATION NO. 2 of 2018:

NOTICE returnable on 8th August 2018.

In the meantime, by way of ad-interim relief, the status- quo as regards the construction on the property in question shall be maintained.

Direct service is permitted."

4. The order dated 25.07.2018 is in operation. Mr. Desai, the learned counsel appearing for the appellant states that the hearing of the Civil Suit No.9 of 2017 has commenced before the trial Court and the trial is in progress.

5. Considering the fact that the Suit is of the year 2017 and the trial is also in progress, the status quo granted by this Court vide order dated 25.07.2018 be continued till the final disposal of the Civil Suit. The Court below shall hear the Civil Suit within six months, but not later than six months, from the date of receipt of this order. The trial Court shall decide the Suit on its own merits without being influenced by the observations recorded in the impugned order and also disposal of the present Appeal From Order. The parties shall cooperate at the time of hearing of the Civil Suit.

6. With the above directions, the present Appeal From Order stands disposed of. The connected civil application also stands disposed of.

7. It is clarified that this Court has not examined the merits of the matter at this stage and therefore, all the contentions

C/AO/151/2018 ORDER DATED: 16/11/2021

are kept open to be agitated before the trial Court, who in turn shall decide the Suit as per the evidence that may be adduced by the parties and in accordance with law.

(VAIBHAVI D. NANAVATI,J)

NEHA