(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) 1. The present appeal arises against the interim order passed by the lower Court dated 27.3.1993 in MAV No.7393 of 1995, whereby interim injunction has been granted on condition to comply with the same.
2. The present appeal is pending for a long time and the learned Counsel for the appellant, Ms.Jirga Jhaveri is not in a position to state as to whether the main appeal being MAV No.7393 of 1995 has been finally disposed of by the Small Causes Court or not.
3. Considering the facts and circumstances, we find that no interference would be called for against the interim order and it would be just and proper to direct the lower Court to decide the appeal, if not decided, within the stipulated time limit.
4. Hence, the present appeal is disposed of as having become infructuous with the observations and direction that if the appeal being MAV No.7393 of 1995 if not decided on merits, the same shall be considered and decided on merits, after giving opportunity to both the sides, preferably within a period of six months from the date of receipt of the order of this Court. No order as to costs. If the appeal being MAV No.7393 of 1995 is already disposed of, the earlier direction shall not apply.
(Jayant Patel, J.) (C. L. Soni, J.) vinod