Heard learned advocates for the parties.
This appeal from order is filed praying for quashing and setting aside the order dated 24.10.2008 passed by the Additional District and Sessions Judge, Mehsana below Exh.5-injunction application in Regular Civil Suit No.3 of 2008, whereby the injunction is granted in favour of the present respondent-original plaintiff.
Learned advocate Mr.Brahmbhatt for the respondent submits that the trial has commenced, issues are framed and chief-examination in form of affidavit of plaintiff is also placed on record and as advocate for the defendant or the defendant himself has not appeared before the Court, right of cross-examination of the defendant is closed.
Learned advocate Mr.Brahmbhatt submits that if any application is filed by the present applicant-original defendant before the trial for reopening of right of cross-examination of the original plaintiff, then the present respondent-original plaintiff will not raise any objection for the same.
Considering these facts, I am of the opinion that the ends of justice would meet if the trial Court is directed to dispose of the suit as early as possible, preferably within one year from the date of order of the suit.
In view of the above situation, the delay in filing the appeal from order is not required to be condoned. Therefore, this Civil Application is disposed of. The trial Court is directed to dispose of the Regular Civil Suit No.3 of 2008 as early as possible, preferably within one year from the date of receipt of the order.
As the civil application for delay is disposed of, the appeal from order also stand disposed of accordingly.
( M.D.Shah, J ) srilatha Top