1. Present Appeal from Order under Order XLIII Rule 1(r) of the Code of Civil Procedure is filed by the appellant ? original defendant No.12 challenging the impugned order dated 22.06.2007 passed below Exh.16 by the learned 4th Additional Senior Civil Judge, Surat, so far as relates to the appellant of Special Civil Suit No.147 of 2003.
2. Considering the fact that ad-interim order / interim order passed by the learned trial Court is in operation since 2003 and even in the present Appeal from Order which is of 2007 no effective steps are taken to serve unserved respondent Nos.1 and 6 to 12 and even no steps are taken to bring heirs of respondent No.2 who has expired much prior to filing of the suit, without further entering into merits of the case, present Appeal from Order is dismissed. It will be open for the appellant to move an appropriate application before the learned trial Court for expeditiously hearing of the Suit, which can be considered by the leaned trial Court considering old matters and looking to its own Board. With these, present Appeal from Order is dismissed. In view of dismissal of Appeal from Order, no order in Civil Application.
[M.R.Shah,J.] satish Top