In this appeal ex-parte order dated 16.2.2008 passed below Exh.5 is challenged.
At the outset, it is clarified that though this order is being passed after both the sides made submissions at some length, the Court has not expressed any opinion on the merits of the matter while passing this order in view of the consensus arrived at between the parties.
Mr.
Nanavati, who appears with Mr. P.B.Shah for appellants has stipulated that if the learned Trial Court is directed to dispose off the Exh.5 application after hearing the parties within a period of one week from Monday i.e. 7.7.2008 then during the interregnum the original defendant No.1 will not further alienate, in any manner whatsoever, the suit property. It is also given out, during the submissions, by both the sides that the pleadings of contesting parties, so far as Exh.5 application is concerned, are complete and the Exh.5 application is ripe for arguments. Mr. Majmudar for original plaintiff submitted that even the written submissions on behalf of the plaintiff are already tendered on record. If the original opponents i.e. appellants herein want to submit written submissions it shall be done on or before 8.7.2008. If the written submissions are so tendered by the appellants herein, then, the learned Court shall pass an appropriate order after hearing the parties on merits by taking into consideration the written submissions as well, or by considering the oral submissions. It is needless to say that since this Court has not expressed any opinion on merits of the matter, the learned Court shall pass appropriate order on application Exh.5 without being influenced by the outcome of this appeal and/or the earlier / impugned order dated 16.2.2008. The learned Court is also requested to pass the order as early as possible and atleast by 14.7.2008.
In view of the aforesaid consensus between the parties and the request that reasoned order is not invited, it is directed that the impugned order dated 16.2.2008 passed ex-parte and without notice shall seize to operate from today and the stipulation made by Mr. Nanavati shall come in operation from today and will continue till 14.7.2008.
With the aforesaid observation and direction, present appeal is disposed of. Notice discharged. Civil applications also stand disposed of. Direct service is permitted.
[K.M.Thaker, J.] kdc Top