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Bhagubhai Nathubhai & 84 -

High Court Of Gujarat|16 August, 2012
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JUDGMENT / ORDER

1. It is jointly submitted by learned counsel appearing for the respective parties that if order dated 23-2-2006 passed by this court in Civil Application No.11148 of 2005 in Appeal From Order No.357 of 2005 and Civil Application No.11149 of 2005 in Appeal From Order No.
358 of 2005 is continued till final disposal of Special Civil Suit No.304 of 2003 and necessary direction is given to the trial court to decide the suit within six months, they would not invite for reasoned order.
2. In view of the above, as the suit is of the year 2003, without deciding the matter on merits, if order of interim relief passed by this Court is continued till final disposal of the suit and necessary direction to dispose of the suit expeditiously, ends of justice will be met.
3. Hence, order dated 23-2-2006 passed by this court in Civil Application No.11148 of 2005 in Appeal From Order No.357 of 2005 and Civil Application No.11149 of 2005 in Appeal From Order No.358 of 2005 is continued till final disposal of Special Civil Suit No.304 of 2003. Learned trial court is directed to decide the Special Civil Suit No.304 of 2003 on or before 31st March, 2013 on its own merits, in accordance with law and without being influenced by the earlier order passed by the trial court as well as this order.
4. With the above directions and observations, Appeal From Order Nos.357 of 2005 and 358 of 2005 and Civil Application Nos.11148 of 2005 and 11149 of 2005 stand disposed of. Direct service is permitted.
5. Office shall place a copy of this order in each matter.
[M.D.SHAH,J.] radhan
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Title

Bhagubhai Nathubhai & 84 -

Court

High Court Of Gujarat

JudgmentDate
16 August, 2012
Judges
  • Md Shah
Advocates
  • Mr Amit V Thakkar