Rule. Mr B R Kyada, learned Advocate waives service of Rule on behalf of the respondents. At the request of the learned Advocates for the parties, this matter is taken up for final heariing.
This Revision Application has been filed against the order passed below exh.4 application for interim relief pending the appeal before the Asstt.Judge, Rajkot. The Civil Judge, (JD), by his order dated 11.2.1996, directed the defendants to maintain the height of 14 ft. of water during the pendency of the suit. The learned Appellate Judge found that requisite material required for the Court to ascertain as to what would be the approximate quantity of water required by the respondent-plaintiff upto the next monsoon, is not on record. While saying so, the learned Judge passed the order that the defendant shall maintain the level of water in Alansagar Dam at least upto 11 ft. and shall not release the water so as to reduce the water level below 11 ft. during the pendency of the appeal.
I am surprised that when the Court has come to the conclusion that there is no material on record to ascertain as to what would be the approximate quantity of water, what was the haste in disposing of the application exh.4. for interim relief. In view of this, the following order is passed:
(1) The impugned order dated December 24, 1996 passed by the Assistant Judge, Rajkot is set aside.
(2) The Collector, Rajkot is directed to prepare a report with respect to quantify of water with the assistance of the Experts and submit the same to the Assistant Judge, Rajkot on or before January 07, 1997, (3)The learned Assistant Judge, Rajkot shall dispose of the the appeal considering the report submitted by the Collector, Rajkot latest by January 13, 1977. The learned Judge may further direct the Collector, Rajkot for more information, if so required.
Rule made absolute to the aforesaid extent. Direct Service permitted.