Gujarat High Court
Muhammedaamir Ataurrahmana ... vs Jubedaben D/O Valibhai Alijibhai on 24 August, 2023
Bench: J. C. Doshi
NEUTRAL CITATION
C/SCA/10497/2022 ORDER DATED: 24/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10497 of 2022
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MUHAMMEDAAMIR ATAURRAHMANA ABDULRAHIM MACHHALIYA
Versus
JUBEDABEN D/O VALIBHAI ALIJIBHAI
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Appearance:
UMARFARUK M KHARADI(8155) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,3,4,5,6,7,8,9
MR JEET J BHATT(6154) for the Respondent(s) No. 5
MR MAKBUL I MANSURI(2694) for the Respondent(s) No. 1,2
MS SABINA M MANSURI(3631) for the Respondent(s) No. 1,2
NOTICE NOT RECD BACK for the Respondent(s) No. 4
NOTICE SERVED for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 24/08/2023
ORAL ORDER
1. By way of this petition under Article 227 of the
Constitution of India, the petitioners challenge judgment and
order dated 25.4.2022 passed by the learned 6 th Addl. District
and Sessions Judge, Palanpur in AO (Misc. Civil Appeal) No.16 of
2021, whereby the learned first appellate Court allowed the said
AO (Misc. Civil Appeal) and quashed and set aside order passed
below application Exh.5 in Regular Civil Suit No.43 of 2021
pending in the Court of learned Principal Senior Civil Judge,
Palanpur. The effect of the impugned order is quashing and
setting aside the injunction granted by the learned Principal
Senior Civil Judge.
2. The petitioners herein are the original plaintiffs and the
NEUTRAL CITATION
C/SCA/10497/2022 ORDER DATED: 24/08/2023
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respondents herein are the original defendants.
3. Learned advocate Mr. MI Mansuri for the contesting
respondents i.e. Jubedaben Valibhai and Mariamben
Abdullahbhai made unequivocal statement before this Court that
till Exh.5 application is decided afresh by the learned Principal
Senior Civil Judge, Palanpur, the respondents herein - original
defendants shall not carry any construction over the disputed
property and shall continue to maintain status quo as on date
qua structure and possession over the dispute property till then.
4. The statement made herein has been taken on record and
recorded. In view of said statement on record, present petition
is required to be disposed of.
5. At this juncture, learned advocate Mr. Mansuri requests
this Court to expedite afresh hearing of Exh.5 application.
Record also indicates that various applications are pending
before the learned trial Court for hearing, which is reflected from
the impugned order i.e. mainly applications Exhs.22, 23, 28 and
30.
6. For the foregoing reasons, present petition is disposed of.
The learned trial Court is hereby directed to decide injunction
application Exh.5 afresh as early as possible, but not less than
60 days from the receipt of this order. The learned trial Court
shall also decide other applications stated herein above within
same time period. Both the parties, as agreed, shall cooperate
the learned trial Court in expeditious disposal of the matter.
Learned Principal District Judge shall ensure disposal of the
NEUTRAL CITATION
C/SCA/10497/2022 ORDER DATED: 24/08/2023
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applications within time bound manner.
7. Needless to say that while deciding injunction application
Exh.5 and other applications, the learned trial Court shall not be
influenced by its order below Exh.5 application at earlier point of
time nor any observations made while allowing the AO (Misc.
Civil Appeal) or disposal of this petition. Notice discharged.
Direct service is permitted.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
