1. The petitioner, Bhavnagar Municipal Corporation, has invoked Article 227 of the Constitution to call into question order dated 23.03.2007 of learned Presiding Officer of Fast Track Court No.3, Bhavnagar in Civil Misc. Appeal No.37 of 2007, whereby appeal of the respondent was allowed and original order of learned Civil Judge in Regular Civil Suit No.103 of 2007 below application for interim relief (Exh.5) was set aside. Accordingly, the parties were directed by the impugned order to maintain status quo in respect of the premises in question till final disposal of the suit and the trial court was directed to conduct the main suit on day-to-day basis so as to finally dispose it within four months. Pursuant to filing of the present petition, by the order impugned herein, the petitioner was, immediately after appearance of advocate for the respondent on 11.04.2007, granted interim relief in terms of para 8 (C) of the petition with the result that operation of the impugned order was stayed.
2. It was submitted by learned counsel Mr.Munshaw, appearing for the petitioner, that subsequent to and pursuant to the interim relief granted by this Court, the petitioner have already put up constructions on the premises in question and set up a plant thereat for Solid Waste Management. He, therefore, submitted, on instruction of the petitioner, that the petition was not required to be decided on merits and it was required to be disposed so as to permit the trial court to conduct the original civil suit expeditiously and in terms of the directions contained in the impugned order dated 23.3.2007.
3. Accordingly and in view of the statement made on behalf of the petitioner, the petition is disposed without entering into merits of the impugned order, with the direction that, now the part of the impugned order directing hearing of the original civil suit on day-to-day basis will come into operation and the trial court concerned shall dispose of the original civil suit in accordance with law as early as practicable and preferably within a period of four months from receipt of a copy of this order. Learned counsel Mr.Munshaw has stated and assured the court that the petitioner shall co-operate in earliest practicable hearing and disposal of the suit and will not take any unnecessary or unjustified adjournment in the trial court. Accordingly, the petition is disposed, Rule is discharged and interim relief is vacated, subject to the above directions, with no order as to costs.
Sd/-
( D.H.Waghela, J.) (KMG Thilake) Top