Present Appeal from Order has been filed by the appellantoriginal defendant being aggrieved and dissatisfied with the order passed below notice of motion, Exh.67 in Civil Suit (C.C.C.) No.807 of 2011 by the Chamber Judge, Court No.6, City Civil Court, Ahmedabad dated 4th September, 2012 on the grounds stated in the memo of Appeal from Order. Heard learned counsel, Shri Nirzar Desai for the appellantoriginal defendant and learned counsel, Shri F.B. Brahmbhatt for the respondentoriginal plaintiff.
Learned counsel, Shri Desai has referred to the ground raised and submitted that the Court below has failed to consider relevant aspect that if the payment was made towards the consideration, the receipt could have been issued. He submitted that when there is a specific case of the respondentoriginal plaintiff that the policy of the insurance was forfeited to realize the money for the payment of consideration, the receipt would have been obtained. He therefore submitted that by merely entering into such transaction or agreement, one cannot remain in possession without payment of the remaining amount by filing such suit for injunction for possession.
Learned counsel, Shri Brahmbhatt submitted that full consideration has been paid and, therefore, they are admittedly in possession of the premises. It was submitted that the respondentplaintiff is a deserted wife living with young son. He submitted that she had to pay the amount of consideration by surrendering policy and admittedly the possession has been parted with in part performance of the agreement to sell. He therefore submitted that the interim injunction protecting the possession is just and proper.
In view of these submissions, learned counsel, Shri Desai after arguing for some time submitted that he does not press present Appeal from Order and Civil Suit pending before the City Civil Court itself may be ordered to be expedited, to which, learned counsel, Shri Brahmbhatt has no objection. Both counsel have stated that respective clients will cooperate in hearing hearing and disposal of the Suit.
Therefore in view of the submissions, the interest of justice would be served if the request is granted.
Therefore, present Appeal from Order No.425 of 2012 with Civil Application No.12057 of 2012 stand disposed of as not pressed. The trial Court (City Civil Court) is hereby directed to dispose of Civil Suit (C.C.C.) No.807 of 2011 after providing an opportunity of leading evidence and hearing to the parties on merits within a period of one year. Endeavour shall be made to dispose of the aforesaid Suit within aforesaid time limit without fail. The respective parties shall give their cooperation in early disposal of the Suit.
Gautam Sd/ (RAJESH H.SHUKLA, J.)