Vishaji Shankaji Thakor vs Rameshbhai Keshavlal Patel
2022 Latest Caselaw 5395 Guj

    C/SCA/13701/2016                             ORDER DATED: 22/06/2022




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CIVIL APPLICATION NO. 13701 of 2016

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                VISHAJI SHANKAJI THAKOR
                         Versus
              RAMESHBHAI KESHAVLAL PATEL
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Appearance:
MR VIKRAM J THAKOR(2221) for the Petitioner(s) No. 1
MR TATTVAM K PATEL(5455) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                          Date : 22/06/2022

                            ORAL ORDER

This petition under Article 227 of the Constitution of India is filed challenging the order passed by the Principal District Judge, Gandhinagar dated 29.07.2016 allowing Miscellaneous Civil Appeal No. 24 of 2013 quashing and setting aside the order passed by the 2 nd Additional Senior Civil Judge, Gandhinagar in Regular Civil Suit No.473 of 2010 passed below Exh.5. Since 11.08.2016 while issuing notice, this Court stayed operation of the impugned judgment i.e. the order passed by the appellate Court reversing the order passed by the Magistrate below Exh.5, the order passed by the Magistrate refusing injunction came to be restored and the said order is continued as on date. Therefore, it would be in the fitness of things that the order passed by this Court while issuing notice be continued till the disposal of the suit, without entering into the merits and de-merits of the decision, ends of justice would be met. In view thereof, this petition stands disposed of. The

C/SCA/13701/2016 ORDER DATED: 22/06/2022

order of Court staying the judgment of the appellate Court to continue till final disposal of the suit. If parties desire they may approach the trial Court for early disposal of the suit and the trial Court may consider the same in view of the pendency and backlog before it.

(UMESH A. TRIVEDI, J.) siji