- (1.)This appeal from order is filed under Order 43 Rule 1(r) of the Civil Procedure Code, 1908 at the instance of the appellant (original plaintiff) being aggrieved and dissatisfied by the order dated 30/3/2019 passed by the Principal Senior Civil Judge, Mundra-Kutch below application Ex.5 in the Special Civil Suit No.151 of 2018, whereby the Court below refused to grant injunction in favour of the appellant.
(2.)Heard Mr. Y. J. Patel, the learned advocate appearing for the appellants and Mr. Kunal M. Dave, the learned advocate appearing for respondent. Both the learned advocates have jointly submitted that present appeal from order be disposed with a direction that the trial Court may expedite the suit proceedings.
(3.)With broad consensus amongest both the learned advocates this appeal from order is disposed of without assessing the matter on merit with a direction to the Court below to expedite the hearing of the Special Civil Suit No.151 of 2018 and decide the same preferably within a period of one year from the date of receipt of copy of this order. The trial Court is directed to decide the suit on its own merits without being influenced by the order passed below application Ex.5. The parties are directed to cooperate in the suit proceedings. Both the parties are directed to inform the Court below with regard to any subsequent transaction with respect to the suit property.