1. Although learned advocate, Mr. Rathin P Raval, has filed his vakalatnama and he is shown to be appearing for the respondent, no one really appears to have represented the respondent throughout the proceeding before this Court and, even today, no one is present for the respondent.
2. Learned counsel, Mr. R.M. Chhaya, appearing for the petitioner, submitted that temporary relief is granted by this Court by interim order dated 13.02.2008 and the petitioner is already permitted to temporarily cover the western portion of the wall which might have been broken open for putting up windows thereon. Additionally, the petitioner is also permitted to put a door/window on the southern wall of his house. The activities undertaken by the plaintiff under that interim order is expressly made subject to further orders in the petition as well as in the suit.
3. It was submitted that, after said order dated 13.02.2008, necessary temporary work is carried out by the petitioner and the petitioner has no objection to abide by the order that may be made in pending civil suit, in respect of the relief prayed by the petitioner as well as the subsequent activities undertaken by the petitioner pursuant to the order. He, on that basis, submitted that the rule issued herein may be made absolute, in absence of any assistance on behalf of the respondent and the civil suit pending in the trial court may be ordered to be expedited.
4. Under the circumstances, without entering into merits of the contentions of the petitioner, it is directed that the petitioner shall co-operate in earliest possible hearing and disposal of the civil suit filed by the respondent, i.e. Regular Civil Suit No. 55 of 2005 which is stated to be pending before learned Civil Judge (S.D.) at Upleta; and the Civil Court shall hear and dispose the said suit as early as practicable and preferably within a period of six months. In the meantime, the changes made or activities undertaken under the interim order dated 13.02.2008 may not be disturbed, but the petitioner shall maintain status quo and shall not undertake any further activity in respect of the same premises. The trial court shall decide the issues arising in the civil suit on the basis of evidence led before it, in accordance with law and without being influenced by the fact that any changes are made or activities are undertaken under an ex-parte interim order dated 13.02.2008 of this Court. Rule is made absolute accordingly with no order as to costs. The impugned order accordingly stands modified to the aforesaid extent.
[D.H.WAGHELA, J.] Jyoti Top