1.The appellant original plaintiff has preferred this Appeal from Order against the judgment and order dated 30/08/2003 passed by the learned 4th Joint Civil Judge (S.D.), Baroda, below Exh.5 application in Special Civil Suit No.11199 of 1999.
2.Mr.A R Majmudar learned advocate for the appellant has submitted that Revocation Application is also pending before the said Court and therefore appropriate directions may be issued for expediting the hearing and disposal of the said application along with the suit.
3.I have heard Mr.A R Majmudar learned advocate for the appellant and have perused the relevant documents on record. The trial Court while granting ad-interim relief in terms of Para 11(1) of the Exh.5 application has observed in Para 15 as follows;
"15.The present applicant is owner of the disputed property by virtue of the Probate Certificate which has been issued by the competent Court and thus the plaintiff has made out his prima facie case. Now, if injunction is not granted in favour of the applicant, then the opponent will succeed in transferring the said property, and certainly, the applicant will have to suffer irreparable injury towards his right on the disputed property and thus balance of convenience is also in his favour..."
4.Without entering into the merits of the matter, I am not inclined to interfere with the order passed by the trial Court. However, if the appellant makes an application for expediting the hearing of Special Civil Suit No.11199 of 1999 pending before the Court of the learned 4th Joint Civil Judge (S.D.), Baroda, the trial Court shall hear and dispose of the same as expeditiously as possible.
5.With the above observations and directions, the Appeal from Order stands disposed of.