BHARATKUMAR SHANTILAL SAYANI Petitioner(s) Versus GULABRAI VITTALDAS SAYANI Respondent(s) ====================================== Appearance :
MR PM LAKHANI for Petitioners ====================================== CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 17/09/2012 ORAL ORDER
1. This petition under Articles 226 and 227 of the Constitution of India is filed by the petitioneroriginal plaintiff with the following prayer:
"Your Lordships be pleased to allow this petition by way of issuing a writ of mandamus or any other appropriate writ, order or direction and be pleased to quash and set aside the order dated 27.1.2011 passed below Exh.5 application in Regular Civil Suit No.6 of 2011 by the learned Additional Civil Judge, Khambhaliya, District: Jamnagar, and the order dated 11.7.2012 passed by the learned Additional District Judge, Jamnagar, at Jamkhambhaliya, in Civil Misc. Appeal No.8 of 2011 to the extent to which it does not grant interim relief of restoration of possession of suit property."
2 Learned counsel for the petitioner submits that both the Courts below have erred in not directing the defendant to hand over possession of the suit premises to the petitioner in the peculiar facts and circumstances of the case when the lease period has expired on HC-NIC Page 1 of 2 Created On Fri Oct 21 00:08:49 IST 2016 SCA/12580/2012 2/2 ORDER 30.9.2009. The trial court, by order dated 27.1.2011, granted interim relief in terms of paragraphs 5(B) and 5(C) of application Exh.5 and 15 by which the defendant is restrained from alienating, subletting, transferring or creating any right in favour of a third party or from making any construction in any manner on the suit premises and the lower appellate court, having undertaken the exercise of examining legality and validity of the above order under challenge, has observed that beyond the above relief no other relief could have been granted to the petitionerplaintiff.
3 In the above facts and circumstances, interest of justice would be met if the trial court is directed to expedite the hearing of the suit as early as possible and to dispose of the same on or before 30.6.2013.
4 With the aforesaid direction, this petition is disposed of. It is made clear that this Court has not entered into the merits of the matter at this stage.
(ANANT S. DAVE, J.) (swamy) HC-NIC Page 2 of 2 Created On Fri Oct 21 00:08:49 IST 2016