Learned advocate Ms. Niyati Shah appearing for Mr. D.K Puj, learned advocate for the petitioners urges this Court, while challenging the order impugned passed by the learned Principal District Judge, Surat in Misc. Civil Appeal No. 100 of 2012 that counter application for injunction is pending before the appellate Court since 10th April 2012 and without considering the said application, the Court has passed an order in favour of the present respondents.
On hearing learned advocates Ms. Shah and Shri Vijay H. Nangesh appearing for the respondents and on considering the material on record, it would be in the fitness of the things for the petitioner to approach the learned Principal District Judge, Surat by making an application for hearing of the said application as also with a request for deciding the appeal on merits. On such an application being made, learned Principal District Judge, Surat may duly consider the same and as far as possible, decide such an application expeditiously alongwith the appeal in entirety if deemed necessary; keeping in view the contentious issues raised by both the sides as also keeping in view the on-going construction on the suit land.
With these observations and direction, this Special Civil Application is kept for final hearing on 20th June 2011. Till then, the order impugned shall remain suspended.
{Ms.
Sonia Gokani, J.} Prakash* Top