1. Heard learned advocate, Mr.M.J.Parikh for the appellant and learned advocate, Mr.H.M.Parikh for the respondents.
2. With the consent of both the learned advocates appearing for both the parties, it is ordered that as far as the issue of Lis pendens is concerned, the civil court will decide the same while finally disposing of the suit in light of the settled legal provision and in light of the evidence produced by the parties, without being influenced by the order dated 16-7-2011 passed below Ex.5 in Special Civil Suit No.8 of 2010 by the learned Principal Senior Civil Judge, Vijapur, more particularly findings made in para 14 of the said order. The court below is directed to dispose of the suit as expeditiously as possible. With the above directions and observations, this Appeal From Order stands disposed of. Notice is discharged.
3. In view of the disposal of the Appeal From Order, Civil Application also stands disposed of.
[M.D.SHAH,J.] radhan