Vinaben Vindobhai Pandya vs Govindbhai Ranbahadur Khatri
2022 Latest Caselaw 8956 Guj

     C/AO/274/2017                                       ORDER DATED: 10/10/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/APPEAL FROM ORDER NO. 274 of 2017

                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2017
                In R/APPEAL FROM ORDER NO. 274 of 2017
==========================================================
                   VINABEN VINDOBHAI PANDYA
                             Versus
             GOVINDBHAI RANBAHADUR KHATRI & 3 other(s)
==========================================================
Appearance:
MR VIKRAM J THAKOR(2221) for the Appellant(s) No. 1
DELETED for the Respondent(s) No. 2
MR ASHISH M DAGLI(2203) for the Respondent(s) No. 3,4
NOTICE SERVED BY DS for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                               Date : 10/10/2022

                                ORAL ORDER

1. Being aggrieved and dissatisfied with the judgment and

order dated 29.6.2017 passed by the learned 2 nd

Additional Senior Civil Judge, Ahmedabad (Rural),

Mirzapur below application Exh. 5 in Special Civil Suit

No.38 of 2017, the appellant has filed present Appeal.

2. Heard learned Counsels appearing for the respective

parties and perused the record and the impugned

judgment and order of the lower Court.

C/AO/274/2017 ORDER DATED: 10/10/2022

3. Learned advocate for the appellant submitted that now

the Special Civil Suit No. 38 of 2017 is for the

commencement of the trial and for recording of the

evidence of the parties. He therefore, requested to decide

the suit expeditiously by the learned Trial Court.

4. In view of the aforesaid facts and to sub-serve the

interest of justice, present appeal is required to be

disposed of.

5. The learned Trial Court shall decide the Special Civil

Suit No. 38 of 2017 as expeditiously as possible and

preferably within a period of one year from the date of

receipt of certified copy of present order without

influenced by any order, after affording opportunity of

hearing to the learned advocates appearing for respective

parties.

6. It is expected that the learned Advocates for both the

sides shall also cooperate in the proceedings of the suit

and shall not seek any unnecessary adjournment.

C/AO/274/2017 ORDER DATED: 10/10/2022

7. It is clarified that this Court has not entered into the

merits of the case.

8. Accordingly, present Second Appeal stands disposed

of.

ORDER IN CIVIL APPLICATION

In view of the order passed today in main Second

Appeal, present Civil Application stands disposed of

accordingly.

The interim relief granted by this Court vide order

dated 1.9.2017 to continue till final disposal of the suit.

(HEMANT M. PRACHCHHAK,J) SURESH SOLANKI