(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR)
1. This letters patent appeal is filed against the order of the learned Single Judge by which the learned Single Judge, while admitting the writ-petition, has given interim relief. The Division Bench admitted the appeal on 05.12.2007 on the ground that the directions given by the learned Single Judge, as such, can be said to be directions given in exercise of powers under Article-226 of the Constitution of India, and therefore, Letters Patent Appeal will be maintainable.
2. Today, it is pointed out by the learned Advocates for both the sides that it is agreed between both the sides that since Suit is pending, appeal and petition be disposed of. Both the parties, further, agree to maintain status quo, prevailing as of today, till Regular Civil Suit No.27 of 2003, pending before the Principal Civil Judge(J.D.), Visnagar, is decided. It is requested by both the sides that the said Suit may be expedited and both the parties be directed to maintain status quo during the pendancy of the said Suit. Since, it is requested that this LPA can be disposed of on the above line and in view thereof even Special Civil Application can also be disposed of, we issue following directions:
(1) Regular Civil Suit No.27 of 2003 pending before the Principal Civil Judge(J.D.), at Visnagar, may be disposed of as early as possible and in any case, preferably by 31ST DECEMBER, 2012.
(2) During the pendency of the said suit, the original plaintiff as well as the original defendants are directed to maintain STATUS QUOS, prevailing as on today.
(3) In view of the aforesaid directions, Special Civil Application No.11953 of 2007, which is filed against the interim order passed in application below Exhibit-5 in the pending Suit, stands DISPOSED OF, accordingly. The Registry may take appropriate note and treat the said writ-petition is having been disposed of.
3. Present Letters Patent Appeal is DISPOSED OF on the above line.
4. It is needless to say that the directions given by the learned Single Judge no longer survives. It is reiterated that this order is passed with the express consent of learned Advocates for both the sides.
(P.B.
MAJMUDAR, J.) (MOHINDER PAL, J.) Umesh/ Top