Surat Municipal Corporation vs Armin Farokh Bhathena
2023 Latest Caselaw 1402 Guj

     C/SCA/23461/2022                               ORDER DATED: 09/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 23461 of 2022
==========================================================
                         SURAT MUNICIPAL CORPORATION
                                    Versus
                           ARMIN FAROKH BHATHENA
==========================================================
Appearance:
MR KAUSHAL D PANDYA(2905) for the Petitioner(s) No. 1,2
MR DEEP D VYAS(3869) for the Respondent(s) No. 1,3,4,5
MR DHAVAL D VYAS(3225) for the Respondent(s) No. 1,3,4,5
NOTICE SERVED BY DS for the Respondent(s) No. 2,6
==========================================================

 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                Date : 09/02/2023

                                 ORAL ORDER

1. By way of present petition, the petitioners herein are aggrieved by the order dated 16.6.2022 passed in application filed below Exh-5 in Regular Civil Appeal No. 60 of 2022.

2. Heard Mr. Kaushal Pandya, learned advocate appearing for the petitioners and Mr. Dhaval Vyas, learned advocate appearing for the respondents.

3. Mr. Kaushal Pandya, learned advocate submitted that being aggrieved by the Notices issued by the present petitioners, the original plaintiff- respondents herein filed Regular Civil Suit No. 942/1995. After hearing the respective parties and considering the evidence on record, the learned 6th Additional Civil Judge, Surat dismissed the Suit by judgment dated 5.3.2022.

C/SCA/23461/2022 ORDER DATED: 09/02/2023

4. Being aggrieved by the said judgment and decree, as stated above, the respondent-original plaintiff preferred Regular Civil Appeal No. 60/2022 before the Principal District Judge, Surat. The application which came to be filed by the original plaintiff- respondent herein below Exh-5 seeking interim relief, came to be allowed by order dated 16.6.2022. The said order passed below Exh-5 in Regular Civil Appeal No. 60/2022 reads as under:

"ORDER

1. The application Exh.5 is hereby allowed.

2. The Judgment and Decree dated 5.3.2022 passed by Ld. 6th Additional Civil Judge, Surat in Regular Civil Suit No. 924/1995 is stayed until the disposal of the present appeal and thereby there would be status-quo with regard to the disputed property.

3. The R&P shall be called from Ld. Trial Court."

4. This Court has considered the submissions advanced by learned advocates appearing for the respective parties. In the facts of the present case, the petitioner being a public body and the controversy in question is with regard to widening of the road, the dispute which involves the public at large, the Regular Civil Appeal No. 60/2022 be decided expeditiously.

5. Considering the aforesaid submission made by Mr. Pandya, learned advocate appearing for the petitioner,

C/SCA/23461/2022 ORDER DATED: 09/02/2023

this Court deems it fit that while not interfering in the order passed below Exh-5 dated 16.6.2022, the Court below may decide the said Appeal being Regular Civil Appeal No. 60/2022 as expeditiously as possible, preferably within a period of four months from the date of receipt of this Order.

6. This Court has otherwise not opined on the merits of the case. It is expected that the respective parties shall cooperate in the early disposal of the said Appeal.

7. The Court below to decide the said appeal independently and in accordance with law.

With aforesaid directions, the present petition stands disposed of.

(VAIBHAVI D. NANAVATI,J) SAJ GEORGE