- (1.) BY way of this petition under Article 227 of the Constitution of India, petitioner original defendant (now his heirs and legal representatives) have prayed for an appropriate order to quash and set aside the impugned judgment and order dated 07.07.2008 passed by the learned Presiding Officer, 10th FTC, Vadodara Appellate Court in Miscellaneous Civil Appeal No.120/2002 by which the learned Appeallate Court has allowed the said Appeal preferred by the respondent herein original plaintiff and has quashed and set aside the order dated 30.07.2002 passed by the learned trial Court below Exh.5 in Civil Suit No.496/1998.
(2.) AT the outset it is required to be noted that initially the learned trial Court granted the order of status-quo below Exh.5 in favour of the original plaintiff in the year 1998 which came to be continued upto 30.07.2002 i.e. till the learned trial Court passed the order below Exh.5 dismissing the same. It appears that even thereafter also, the order of status-quo was continued by the learned Appellate Court till the impugned order came to be passed and the said order of status-quo has been continued till date. [2.1] In view of the above, more particularly, when the order of status-quo has been continued since 1998, this Court is of the opinion that if the order of status-quo which has been continued till date is directed to be continued till the final disposal of the suit and the suit is directed to be expedited and is ordered to be decided and disposed of within stipulated time, it will meet the ends of justice, however, the same shall be without prejudice to the rights and contentions of the respective parties to the suit. In view of the above and without further entering into the merits of the case and/or expressing anything in favour of either parties, both the parties are directed to maintain status-quo till final disposal of the Civil Suit No.496/1998, however, the same shall be without prejudice to the rights and contentions of the respective parties to the suit and the learned trial Court to decide and dispose of the in accordance with law and on merits and on the basis of the evidence led and without in anyway being influenced by the present order of status-quo and/or any observations made either by the learned trial Court in its order passed below Exh.5 and/or Appellate Court and/or even by this Court. In the facts and circumstances of the case and as the suit is of the year 1998, learned trial Court is directed to decide and dispose of the suit as expeditiously as possible but in any case not later than 30.12.2012 and all concerned are directed to cooperate the learned trial Court in early disposal of the aforesaid suit.
(3.) WITH this, present Special Civil Application is disposed of.;