1.This appeal from order is filed against the order passed below Exhs.5 and 6 in Civil Suit No.2576/92 dated 30.9.1992 by the City Civil Court,Ahmedabad whereby the Court passed the following order:
"I.Application - exh.17 (for contempt proceedings) of Civil Suit no.2576 of 1992 is ordered to be heard and decided along with it.
II.Civil Suit No.2576 of 1992 and Civil Suit No.2854 of 1992 are consolidated and proceedings of both the suits are expedited and ordered to be notified for final disposal in the month of November 1992.
III.Notice of motion exh.5-6 and exh.18-19 of Civil Suit No.2576 of 1992 and Notice of Motions exhs. 5-6 of Civil Suit No.2854 of 1992 are partly allowed. The defendant-Maradia Chemicals Limited, is restrained by temporary injunction; pending the hearing and final disposal of the suit from putting to the use of five compressor machines placed in the disputed passage (as shown in the reports of court commissioner dated 9.5-1992 and 20-5-1992) so as to complete and use for the proposed Air-Conditioning system on the fifth floor of the Mangal Murti Complex. Rule is made absolute accordingly. Notice of motions stand disposed of. Costs to be the cost in the cause."
2.In view of the fact that the aforesaid order has been in operation for almost more than 12 years, no fruitful purpose will be served by disturbing the same at this stage.
3.However, if an application is moved by the present appellant for expediting the suit, the trial court will consider the same, and if the suit is not already disposed of, the same shall be disposed of within a period of one year from the date of receipt of such application.
With the above direction the appeal is disposed of. No order as to costs.
[K.S.JHAVERI, J.] *ar*