NATVARBHAI SHANKARBHAI PRAJAPATI & 3 - Appellant(s) Versus PRAJAPATI GANGABEN PUNAMBHAI & 4 - Respondent(s) ========================================================= Appearance :
R C JANI & ASSOCIATE for Appellant(s) : 1 - 2, 2.2.1, 2.3.1, 2.3.2,2.3.3 - 4. MR MP PRAJAPATI for Respondent(s) : 1, None for Respondent(s) : 1.2.1, 1.2.2, 1.2.3,1.2.4 - 2, 2.2.1, 2.3.2, 2.3.3, 2.3.4,2.3.5 -
5. ========================================================= CORAM :
HONOURABLE MR.JUSTICE J.C.UPADHYAYA Date : 25/04/2012 ORAL COMMON ORDER :
Mr. MP Prajapati, Ld.
Advocate representing the respondents, upon instructions, submitted that during the pendency of Special Civil Suit No. 288/2010, if at all any transfer or alienation will be made, that will be subject to the final outcome in the suit. Upon such statement being made, Mr. RC Jani, Ld. Advocate for the appellants, upon instructions, states that the instant Appeal From Order, on merits, is not pressed, but it is submitted that the trial Court may be directed to expedite the hearing of the suit and may also be directed to dispose of the suit within a time that may be fixed by this Court.
In above view of the matter, the instant Appeal From Order stands disposed of and it is hereby directed that during the pendency of the aforementioned suit, any transfer or any alienation that may be made, shall be subject to the final outcome in the suit. The trial Court is directed to expedite the hearing of the suit and shall dispose it of in accordance with law expeditiously, on or before 31/12/2012. It is hereby clarified that no merits of the appeal are examined in this order by this Court and the trial Court shall decide the aforementioned suit in accordance with law uninfluenced by any observation made in the impugned order passed below temporary injunction application exh. 5 in the suit or by any statement made on behalf of either of the parties in this appeal.
Since the Appeal From Order stands disposed of, the civil application for stay loses its survival value and stands disposed of. DSP.
(J.C.UPADHYAYA, J.) * Pansala.
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