The plaintiffs have originally filed Civil Suit No. 1875 of 1982 before the City Civil Court, Ahmedabad. The Registrar, City Civil Court Ahmedabad under his endorsement No. 1248 of 1982 dated 15.12.1982 has forwarded the record and proceedings of Civil Suit No. 1875 of 1982 to this Court. This was done pursuant to the order dated 20.09.1982 passed by this Court in Misc. Civil application No. 602 of 1982. This Court has directed the City Civil Court, Ahmedabad to transfer the Civil Suit No. 1875 of 1982 on the file of the City Civil Court, Ahmedabad to the file of this Court and further directed that it would be open for the applicants to move the Hon'ble the Chief Justice for assigning the said suit to the Company court hearing the proceedings arising out of the implementation of the scheme, since the very questions involved in the suit were to be tried and adjudicated in Company Application No. 152 of 1982 which was pending before this company Court on that day. An order was passed in Company Application No. 152 of 1982 on 03.12.1982 and in view of the said order dated 03.12.1982, the directions were issued to the parties including the plaintiffs of Civil Suit No. 1875 of 1982 to sort out their differences pertaining, inter alia, to the alleged right of the present occupants of shops and offices to park their vehicles in the basement of Divya Vasundhara Commerce House at Mirzapur Road, Ahmedabad and accordingly interim relief granted in the said suit by an order dated 30.05.1982 on Notice of Motion No. 1111/82 was discharged.
2. This Court has thereafter issued notice to the original plaintiffs on 02.01.1996 informing that the said suit has been taken on register as Civil Suit No. 3 of 1982 of the file of this Court and the said suit would be placed before the Court for directions and further hearing in the matter. Late Mr. G.N. Desai, learned advocate was appearing on behalf of original plaintiff No.1 before this Court. However, after his death, fresh notice was issued by this Court on all seven plaintiffs on 08.10.2004. It appears from the office endorsement that original plaintiff Nos.1,2,6 and 7 could not be served as they have already expired. Original plaintiffs No.3 & 4 could not be found at their addresses given in the plaint as they have already sold the premises in question. Despite service of notice on plaintiff No.5, nobody appears in the proceedings.
3.The suit is of 1982 and it was for permanent injunction. This Court while disposing of the notice of motion on 15.12.1982 has made it clear that the plaintiffs should sort out their differences pertaining, inter alia, to the alleged right of the present occupants of shops and offices to park their vehicles in the basement of Divya Vasundhara Commerce House at Mirzapur Road, Ahmedabad and by making such observation, the notice of motion was disposed of. Primafacie, it appears that after disposal of the Notice of Motion, nothing survives in the suit and it is only because of that the plaintiffs have lost their interest in the present proceedings. The suit is still pending even after expiry of more than 22 years. The Court cannot keep the proceedings pending for indefinite period. Despite adequate opportunities having been given to the parties, nobody appears and hence, the present suit is accordingly dismissed of for want of prosecution, without making any observation on merits of the matter.
4.Decree be drawn accordingly.
[K.A. PUJ, J.] #Savariya# *****