BABUBHAI MERABHAI VAGHELA Vs. PETHUBHAI DEVABHAI AHIR
LAWS(GJH)-2009-4-128
HIGH COURT OF GUJARAT
Decided on April 16,2009

BABUBHAI MERABHAI VAGHELA Appellant
VERSUS
PETHUBHAI DEVABHAI AHIR Respondents

JUDGEMENT

- (1.)THE petitioners - original plaintiff Nos. 1 to 4 - respondent Nos. 1 to 4 in Misc. Civil Appeal No. 22 of 2007 are before this Court praying that judgment and order dated 18. 03. 2008 passed by the learned Presiding Officer, Fast Track Court No. 1, Bhavnagar be quashed and set aside.
1. 1 The petition was filed on 02. 04. 2008. The matter came up for consideration on 04. 04. 2008. Thereafter on 25. 06. 2008, the Court issued notice and notice as to interim relief returnable on 15. 07. 2008. On 05. 08. 2008, the Court issued Rule and notice as to interim relief returnable 01. 09. 2008. Thereafter, on 10. 09. 2008, this Court was pleased to pass the following order:-"ad interim relief granted earlier to continue till the final disposal of the petition, however, with condition that even the petitioners shall maintain status-quo with respect to the land in question. '

(2.)IT is not in dispute that the aforesaid order is operative till date. It is also not in dispute that earlier also, similar relief was operating between the parties.
(3.)TAKING into consideration the nature of the controversy involved in the matter, it is deemed fit that the trial Court be directed to hear and decide Regular Civil Suit No. 336 of 2001 and till then, the same relief be ordered to continue.


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