Jam Khambhaliya Nagarpalika vs Khimabhai @ Khimjibhai S/O ...
2023 Latest Caselaw 6124 Guj

                                                                              NEUTRAL CITATION




     C/SCA/1477/2016                            ORDER DATED: 21/08/2023

                                                                               undefined




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 1477 of 2016
==========================================================
                JAM KHAMBHALIYA NAGARPALIKA
                            Versus
     KHIMABHAI @ KHIMJIBHAI S/O NATHUBHAI DORU & 7 other(s)
==========================================================
Appearance:
HARSHESH R KAKKAD(7813) for the Petitioner(s) No. 1
MR RC KAKKAD(389) for the Petitioner(s) No. 1
for the Respondent(s) No. 3.5.1,3.5.2,3.5.3,3.5.4,3.5.5
DECEASED LITIGANT for the Respondent(s) No. 3.5
MR HRIDAY BUCH(2372) for the Respondent(s) No.
1,3.1,3.3,3.4,4.3,4.4,4.5,6
NOTICE SERVED BY DS for the Respondent(s) No. 3.2,4.1,4.2,5,7,8
UNSERVED EXPIRED (N) for the Respondent(s) No. 2
==========================================================
 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
                  Date : 21/08/2023
                   ORAL ORDER

1. Having heard learned advocates for both the sides and considering the issue involved in the present Special Civil Application, whereby challenge is made to the order passed in Civil Misc. Appeal No.69 of 2009 by the learned 6 th Additional District Judge, Khambhalia, by which learned First Appellate Court has overturned the order passed below Exh.5 in Regular Civil Suit No.43 of 2008. Learned Trial Court has not believed the case of the plaintiff but in the appeal.

2. Relief in terms of para 18(B) is granted vide order dated 01.02.2016, which reads as under :-

"Notice returnable on 23.03.2016. Meanwhile, relief in terms of para 18(B) is granted. Direct service is permitted."

3. In view of above aspect, without entering into merits of the case, I dispose of the present Special Civil Application by

NEUTRAL CITATION

C/SCA/1477/2016 ORDER DATED: 21/08/2023

undefined

continuing relief granted in terms of para 18(B) of the petition till final disposal of the suit. Para 18(B) of the petition reads as under :-

"(B) Pending admission, hearing and final disposal of this Special Civil Application, Your Lordships will be pleased to stay the implementation and/or operation and /or execution of the judgment and order dated 30.09.2015 passed by the learned 6th Additional District Judge, Khambhaliya passed in Civil Miscellaneous Appeal No.69 of 2009."

4. I direct concerned Court below to hear and decide Regular Civil Suit No.43 of 2008 as early as possible preferably within three months from the date of receipt of present order. It is submitted that some of the parties are died during the pendency of the suit, so it expected from both the sides to provide necessary details to each other. Both the parties shall cooperate in early disposal of the suit. Needless to say that this Court has not observed anything on merits of the case and it will be open for the learned Trial Court to decide the suit on evidence produced before it and on its own merits without being influenced by the interim order passed below Exh.5 or order passed in Civil Miscellaneous Appeal No.69 of 2009 or disposal of present Special Civil Application.

5. Learned Principal District Judge, Devbhoomi Dwarka is directed to monitor progress of trial of the suit.

6. With above observation, present petition is disposed of. Direct service is permitted.

(J. C. DOSHI,J) SATISH