1. Challenge is made to the order of learned Additional District Judge passed on 4.1.2012 in Civil Miscellaneous Appeal no.19 of 2011.
2. Regular Civil Suit No.100 of 2007 has been preferred by the present respondent No.1 Laxmanbhai Samatbhai Ranevadia against the present petitioner and others before the learned Principal Civil Judge, Vankaner. By an order dated 7.5.2011, the order of status quo in respect of suit land has been passed in an application of injunction moved by the original plaintiff, which came to be challenged in Civil Misc. Appeal No.19 of 2007 and the appellate Court concurred with the order passed by the trial Court in its impugned order dated 4.1.2012.
3. On having heard learned advocate Mr.Sandeep N. Bhatt for the petitioners( original defendants) as also on having examined the material on record, it emerges that there are various questions of law arising in this case particularly the question of law of limitation as also the applicability of provisions of Hindu Succession Act to name a few and Court having prima facie found the property belonging to HUF and not having partisan, deemed it appropriate to direct both the parties to maintain status qua of the suit property so as not to cause multiplicity of the proceedings as also to protect the interest of both the sides. According to the learned advocate Mr. Bhatt some portions of the suit property also had changed the hands in the interregnum as the Revenue entry in the name of the present petitioner was way back in the year 1960.
4. Without entering much into the disputes between the parties, no error since could be pointed out in the order of maintenance of status quo passed by both the Courts concurrently, invocation of the power under Article 227 of the Constitution of India is not warranted. However, considering the disputes raised in the suit as well as in the present petition, direction granted by the Additional District Judge for expeditious hearing of the suit is endorsed as well. Learned trial Judge is requested to accord priority to Civil Suit No.100 of 2007 and try to adjudicate the same earliest as possible. None of the observations made hereinabove shall affect the cause of either side. Petition is disposed of accordingly.
(Ms.
Sonia Gokani, J.) sudhir Top