1.0 Though, Civil Application for interim relief is on board today for hearing. However, in the facts and circumstances and with the consent of the learned advocates for the respective parties, Second Appeal No. 24 of 2012 itself is taken up for final hearing today.
2.0 Considering the fact that respondent no.1 hereinoriginal plaintiff is the main contesting party, Shri Ashish Dagli, learned advocate for the appellant seeks permission to delete respondent no.2 so far as present Second Appeal is concerned. Permission is accordingly granted. Respondent no.2 stands deleted so far as present Second Appeal and Civil Application are concerned.
3.0 Second Appeal No.24 of 2012 has been preferred by the appellant hereinoriginal defendant no.2 challenging the impugned judgment and decree dated 30.10.2002 passed by the learned Civil Judge (J.D.), Karjan passed in Regular Civil Suit No. 114 of 2000 confirmed by judgment and order dated 5.1.2012 passed by the learned 3rd Additional District & Sessions Judge, Baroda passed in Regular Civil Appeal No.5 of 2007.
4.0 Considering the fact that there are other two suits pending between the parties with respect to the very disputed land in question being Special Civil Suit No.722 of 1996 pending in the Court of Civil Judge (S.D.), Vadodara as well as Special Civil Suit No.253 of 2007 pending in the Court of Civil Judge (S.D.), Vadodara and by and large the issue in the present suit as well as in the aforesaid two Special Civil Suits would be common and are interconnected and there is broad consensus between the learned advocates for the respective parties that impugned judgment and decree passed by both the Courts below be quashed and set aside and the matter to be remanded to the learned trial Court to decide present Regular Civil Suit No. 114 of 2000 along with aforesaid two Special Civil Suits by one Court so as to avoid any further conflicting decision and the findings. It is agreed by and between the learned advocates for the parties that in the meantime and till the aforesaid suits are decided and disposed of by the learned trial Court, all the parties shall maintain status quo with respect to the possession. However, the same shall be without prejudice to the rights and contentions of the respective parties, in the respective suits. Learned advocates for the respective parties do not invite any further reasoned order as any observations which may be made by this Court may affect the decision in the aforesaid two Special Civil Suits.
5.0 In view of the above broad consensus between the learned advocates for the parties and without further entering into the merits of the case and / or expressing anything on merits in favour of either parties and so as to see that the other Special Civil Suits being No. 722 of 1996 & 253 of 2007 do not become infructuous, the impugned judgment and decree passed by the learned Civil Judge (J.D.), Karjan dated 30.10.2002 passed in Regular Civil Suit No. 114 of 2000 as well as the impugned judgment and order dated 5.1.2012 passed by the learned 3rd Additional District & Sessions Judge, Baroda passed in Regular Civil Appeal No.5 of 2007 are hereby quashed and set aside and the Regular Civil Suit No.114 of 2000 is hereby ordered to be restored to file and the matter is remanded to the learned trial Court. However, the same shall be without prejudice to the rights and contentions of the respective parties in the present suit as well as in Special Civil Suit Nos.722 of 1996 as well as 253 of 2007, which are pending in the Court of learned Civil Judge (S.D.), Vadodara. In the facts and circumstances of the case and with the consent of the learned advocates for the respective parties, it is ordered that all the three proceedings being Regular Civil Suit No. 114 of 2000 (now pending in the Court of learned Civil Judge Junior Division, Karjan); Special Civil Suit No.722 of 1996 and Special Civil Suit No.
253 of 2007 both pending in the Court of learned Civil Judge (S.D.), Vadodara are ordered to be heard together by one Court so as to avoid any further conflicting decisions and the findings and the learned Principal District Judge, Vadodara is hereby directed to see that all the aforesaid three proceedings are heard together and by one Court only. If required, the proceedings of the Regular Civil Suit No.114 of 2000 which is remanded to the learned Civil Judge (J.D.), Karjan be transferred to the Court of learned Civil Judge (S.D.), Vadodara so that the said suit be heard along with Special Civil Suit No.722 of 1996 and Special Civil Suit No. 253 of 2007. As agreed by the learned advocates for the respective parties till the aforesaid suits are decided and disposed of by the concerned Court, the parties are directed to maintain status quo with respect to the possession. However, the same shall also be without prejudice to the rights and contentions of the respective parties in the aforesaid suit. All the contentions and defences which might be available to the respective parties are kept open, which be considered by the concerned Court in accordance with law and on merits. With this, present Second Appeal is allowed to the aforesaid extent. In view of the order passed in Second Appeal, no order in Civil Application and is accordingly disposed of.
“kaushik”
sd/ ( M. R. Shah, J. )