Mr.V.M.Pancholi, learned advocate for the appellant, upon instruction being received from his client, states that the instant Appeal from Order is not pressed and further requests that since, pertaining to the same subject matter, two Civil Suits viz. Civil Suit No.36 of 2006 as well as the instant Suit (Special Civil Suit No.223 of 2008) are pending in Gandhinagar Court and requests that the learned District Judge may be directed to see that both these suits are listed in any one Civil Court and further requests that since the suits are old, the Civil Court, wherein both these suits are going to be listed may be directed to expedite the hearing of the suits and to dispose of the suits in accordance with law at the earliest within the time schedule date may be fixed by this Court.
Having considered the submissions advanced by Mr.V.M.Pancholi, learned advocate for the appellant, so also considering the submissions advanced by Ms.M.S.Panchal, learned advocate for the respondents, request, as prayed for, is granted. The instant Appeal from Order stands disposed of, as not pressed. The learned District Judge, Gandhinagar, is requested to see that Civil Suit No.36 of 2006 and Special Civil Suit No.223 of 2008 are tried and dispose of by any one Civil Court functioning in District Court, Gandhinagar and the Trial Court is directed to expedite the hearing of both the suits and to dispose the suits in accordance with law at the earliest preferably on or before 31.12.2012.
It is hereby made clear that no merits are examined by this Court and the Trial Court shall try and dispose of both the above referred suits on the basis of the evidence that may be led before it, uninfluenced by any observation made by the Trial Court in impugned order passed below temporary application Exh.5.
Since, appeal stands disposed of, Civil Application for stay loses its survival value and also stands disposed of. Direct service is permitted.
(J.C.UPADHYAYA,J.) Girish Top