RAJUBHAI KEVALBHAI PATEL Vs. JETHABHAI CHHANABHAI RATHOD

JUDGEMENT

(1.) THE appellant-original plaintiff is before this Court being aggrieved by an order dated 6th March 2010 passed by the learned Principal Senior Civil Judge, Surat below applications, Exh.5 and 69. Learned advocate Mr.Shah for the appellant submitted that the learned Judge has observed that mark 3/13 is illegal and void agreement. In this regard he invited attention of the Court to the following paras of the order passed below exh.5 & 69:

(2.) THE learned advocate Mr.Shah for the appellant submitted that these observations were wholly uncalled for, more particularly at the stage of hearing of exh.5. Taking into consideration the fact that these observations are uncalled for as they were not required to decide any controversy between the parties, it is clarified that these observations shall not influence the Court at the time of deciding the suit finally. It goes without saying that the suit will be decided strictly in accordance with law and on merits. At the request of the learned advocate for the appellant and with the consent of the learned advocate for the opponents herein it is clarified that development, if any, which may be undertaken by them will be subject to final outcome of the suit and the orders which may be passed in that regard. THE suit is expedited. With the aforesaid observations this Appeal From Order is disposed of.