1. It is submitted by learned advocate,Mr.C.B.Dastoor for the appellant - original plaintiff that the plaintiff will not enter into the suit premises nor will he make any obstruction in enjoyment of the suit premises by the original defendant.
2. It is submitted by the learned advocate, Mr.P.A.Mehd for the respondent
- original defendant that the original defendant will not transfer, assign or alienate the property nor will he create any encumbrance on the suit property till final disposal of the suit.
3. Both the learned advocates for the respective parties submitted that in view of the above, necessary order be passed.
4. In light of submissions made by both the learned advocates for the respective parties as aforesaid, order passed by the trial court below injunction application is quashed and set aside and the appeal is allowed. The defendant will not transfer, assign or alienate the property nor will he create any encumbrance on the suit property till final disposal of the suit. The plaintiff will not enter into the suit premises nor will he make any obstruction in enjoyment of the suit property by the defendant. Without entering into the merits of the matter, learned Principal Judge, City Civil Court, Ahmedabad is directed to dispose of Civil Suit No.354 of 2011 as expeditiously as possible preferably within one year from the date of receipt of copy of this order on its own merits, in accordance with law and without being influenced by the order passed below injunction application as well as this order.
5. With the above direction and observation, the Appeal From Order and Civil Application stand disposed of. Notice be discharged. Interim relief stands vacated.
(M.D.Shah, J.) *fskazi Top