Present Appeal from Order has been filed by the appellantoriginal defendant being aggrieved and dissatisfied with the order passed below Exh.5 in Special Civil Suit No.1 of 2012 by 2nd Additional Senior Civil Judge, Surendranagar dated 21.04.2012 on the grounds stated in the memo of Appeal from Order. Heard learned counsel, Ms.Monica Rajput for the appellantoriginal defendant and learned counsel, Mr.Satyan Raval for the respondentsoriginal plaintiffs.
In view of the contentions raised with regard to the claim made by the original plaintiffs based on the registered sale deed and also the possession and the contention raised by other side disputing the transaction itself, it requires consideration. However, both learned counsel have referred to the impugned order as well as record and have stated that present Appeal from Order may be disposed of with a direction to expedite the hearing of the Suit itself.
Therefore, Special Civil Suit No.1 of 2012 pending in the Court of 2nd Additional Senior Civil Judge, Surendranagar is hereby ordered to be disposed of within a period of one year after leading evidence and after providing opportunity of hearing to both sides in accordance with law. It goes without saying that the trial court shall decide the aforesaid suit in accordance with law on merits as the present Appeal from Order is disposed of in view of the fact that Suit is ordered to be disposed of early and it may not be construed in any manner as having expressed any opinion regarding merits of the case. The parties shall cooperate in early disposal of the said Suit. It is clarified that the interim relief granted with regard to the possession of the plaintiffs of the suit property shall not be disturbed till final outcome of the aforesaid Suit.
With the above observations and directions, present Appeal from Order stands disposed of accordingly.
In view of the above order, Civil Application for stay does not survive and stands disposed of accordingly.
(RAJESH H.SHUKLA, J.) Gautam