Heard learned Counsel for the parties.
In this petition under Articles 226 and 227 of the Constitution of India, the challenge is to the order dated 19.09.2011 passed by the learned Principal District Judge, Banaskantha at Palanpur in Civil Miscellaneous Appeal No.15/2009 by which the order dated 24.02.2009 passed below Exhibit V and Exhibit 19 in Regular Civil Suit No.172/2008 by the learned Trial Court / Civil Judge came to be quashed and set aside.
While passing the above order, the learned Appellate Court has directed the Trial Court to dispose of the Suit on or before 31.03.2012 since the pleadings were completed in the Suit which was filed in the year 2008.
The arguments canvassed by learned Counsel for the petitioner / original plaintiff are in narrow compass to the extent that reliance placed on revenue record with regard to Survey No.933/2 and endorsement about availing loan from Bank of Baroda by plaintiff if seen in the context of findings of the Trial Court in Paragraphs 9 and 10 of the order dated 24.02.2009, the Trial Court in terms discussed Mark 20/1, 20/3 i.e. Village Form No.6 and further, the Sale Deed dated 30.04.2007 executed between the defendant No.1 and 2 and measurement of the suit land alongwith boundaries described therein. For the purpose of possession Village Form No.6 and entries made therein since 21.09.1954 would reveal possession of the petitioners / plaintiff.
In the above circumstances, interest of justice will served to continue direction of the learned Appellate Court for expeditious disposal of the Suit which is now extended upto October 31, 2012 and till then the parties are directed to maintain status quo as on today.
With the aforesaid, the petition is partly allowed and the order of the Appellate Court is modified to the above extent. No order as to costs.
Sd/-
(Anant S. Dave, J.) Caroline Top