Silver Coin Members Association ... vs Roopali Engineers (O And B)
2022 Latest Caselaw 7525 Guj

       C/AO/33/2022                                        ORDER DATED: 30/08/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/APPEAL FROM ORDER NO. 33 of 2022
                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                 In R/APPEAL FROM ORDER NO. 33 of 2022
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               SILVER COIN MEMBERS ASSOCIATION PART-2
                               Versus
                     ROOPALI ENGINEERS (O AND B)
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Appearance:
MR DAKSHESH MEHTA(2430) for the Appellant(s) No.
1,10,11,12,13,14,15,16,2,3,4,5,6,7,8,9
MR. RUSHANG D MEHTA(6989) for the Appellant(s) No.
1,10,11,12,13,14,15,16,2,3,4,5,6,7,8,9
NOTICE UNSERVED for the Respondent(s) No.
1,10,11,12,13,14,2,3,4,5,6,7,8,9
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                                Date : 30/08/2022
                                 ORAL ORDER

The present Appeal From Order is filed by the appellants - original defendants - Silver Coin Members Association Part-2 against the original plaintiffs, who have filed the Civil Suit No.1793 of 2019 in the Court No.15, City Civil Court at Ahmedabad.

The original plaintiffs had preferred an application of Notice of Motion before the trial court below Exh.-6 and 7 and thereby they had prayed for interim injunction. After hearing all the concerned parties, the learned trial Judge, City

C/AO/33/2022 ORDER DATED: 30/08/2022

Civil Court was pleased to pass an order dated 15.07.2020 granting temporary injunction in terms of paragraph 17(a) of the application for interim injunction till final disposal of the suit.

Being aggrieved and dissatisfied with the impugned judgment and order dated 15.07.2020, the appellants herein - original defendants preferred present Appeal From Order challenging the same.

I have heard the learned counsels appearing for the respective parties. I am of the opinion that if the matter pending before the City Civil Court No.15 to be expedited, as the suit is of the year 2018, then the interest of justice can be subserved.

The concerned trial court is directed to decide the suit as expeditiously as possible, after giving an opportunity of hearing to the parties and after considering the oral as well as documentary evidence led by both the sides and the arguments advanced by both the sides. Such exercise shall be completed within a period of six months from the date of receipt of copy of this order.

In the meantime, the interim relief granted by the trial court below Exh.-6 and 7 in the application of Notice of Motion is to be continued and remain in force till final disposal of the suit.

C/AO/33/2022 ORDER DATED: 30/08/2022

With the above observations and directions, the present Appeal is disposed of.

It is clarified that this Court has not entered into merits of the case, considering the fact that the same is to be decided by the trial court expeditiously.

In view of the disposal of the present Appeal From Order, the civil application does not survive and stands disposed of accordingly.

(HEMANT M. PRACHCHHAK,J)

Dolly