Though the appeal is listed for admission, with the consent of learned counsel for the parties, we have taken up this appeal for final disposal at the admission stage. 2. We have heard Mr. Dhaval Dave, learned Senior counsel assisted by Mr. P.A. Jadeja, learned counsel appearing for the appellant, Mr. S.N. Shelat, learned Senior counsel assisted by Ms. Dhara Shah, learned counsel appearing for respondent No.1, Ms. Jirga Jhaveri, learned Assistant Government Pleader appearing for respondent Nos.15 and 16. Learned Senior counsel appearing for the appellant has informed that learned counsel Mr. B.S. Patel is appearing for respondent Nos.2 to 14.
3. The only dispute in this appeal is that though the learned Single Judge by order dated 11.4.2012 passed in Special Civil Application No.2793 of 2012 issued the directions to the Registrar to decide the matter on or before 30.4.2012, before deciding the matter by the Registrar, the Board of Nominees is proceeding with the suit. The relevant part of the directions issued by the learned Single Judge in paragraphs 5 and 5.1 reads as under :-
“[5.0] In view of the above, present Special Civil Application No.2793 of 2012 is disposed of by directing the Registrar, Cooperative Societies, State of Gujarat to take appropriate decision on the application submitted by the petitioner, which is at Annexure-A to the petition, in accordance with law and on merits and after giving opportunity to the original plaintiff at the earliest but not later than 30.04.2012. The petitioner either in person or through his advocate and the original plaintiff in person or through his advocate to remain present before the Registrar, Cooperative Societies, State of Gujarat at the first instance on 19.04.2012 and exchange the pleadings if any and thereafter Registrar, Cooperative Societies, State of Gujarat to take appropriate decision on the said application after considering the submissions made by the respective parties i.e. petitioner herein – original defendant No.5 and original plaintiff on or before 30.04.2012 as stated herein above. With this, present Special Civil Application No.2793 of 2012 is disposed of. Direct service is permitted.
[5.1] So far as the Miscellaneous Civil Application No.625 of 2012 is concerned, it is allowed and time to decide and dispose of the Lavad Suit No.81 of 2010 by the learned Board of Nominees, Mehsana (Incharge) is hereby extended upto 30.05.2012. All concerned are directed to cooperate the learned Board of Nominees to decide and dispose of the aforesaid suit at the earliest and within the stipulated time stated herein above.”
4. As per the above directions, the Registrar has to decide the matter by 30.4.2012. After the Registrar decides the matter on or before 30.4.2012, thereafter the Board of Nominees can proceed to decide the suit within the time frame fixed by the learned Single Judge. Prior to it, the Board of Nominees, in our opinion, should not proceed with the suit.
5. For the aforesaid reasons, we direct that after the Registrar decides the matter on or before 30.4.2012, thereafter the Board of Nominees shall commence the proceedings of the suit and decide the same within the time frame fixed by the learned Single Judge. Learned counsel for the parties are directed to cooperate in the proceedings before the Registrar as well as in the suit before the Board of Nominees.
6. With the aforesaid directions, this Letters Patent Appeal stands finally disposed of.
7. In view of disposal of appeal, Civil Application also stands finally disposed of.
Sd/-
[V. M. SAHAI, J.] Sd/-
[A. J. DESAI, J.] Savariya