1. It is submitted by learned advocate Mr. Nisarg Desai for the appellant and learned advocate Mr. S. M. Shah for the respondents that if order of status quo is passed and necessary directions is given to learned Trial Court for expeditious disposal of the suit being Special Civil Suit No.202 of 2010, then they will not invite reasoned order.
2. In view of above, the order dated 16/08/2011 passed by Second Civil Judge (Senior Division), Rajkot below Exh.5 in Special Civil Suit No.202 of 2010 filed by the plaintiff and below Exh.29 is hereby quashed and set aside. Both the parties are directed to maintain status quo till final decision of the suit being Special Civil Suit No.202 of 2010.
3. Learned Civil Judge, Rajkot is hereby directed to dispose of Special Civil Suit No.202 of 2010 within two years from the date of receipt of present order.
4. It is clarified that the trial court shall decide Special Civil Suit No.202 of 2010 in accordance with law and without being influenced by the order passed by this Court today.
5. With the above direction and observation, the Appeal From Order is partly allowed.
6. In view of order passed in Appeal From Order No.375 of 2011, no order is required to be passed in the Civil Application No.11061 of 2011. Civil Application No.11061 of 2011 stands disposed of accordingly.
(M.D.SHAH, J.) (ila) Top