Present application has been preferred by the applicant - original respondent No.1 / plaintiff to modify order dtd.9/5/2011 passed in Special Civil Application No. 5156 of 2011 and to give further appropriate direction to the opponent No.1 to restore the possession of the applicant on the suit land.
That Being aggrieved by and dissatisfied with the order dtd.11/3/2011 passed by the learned Principal District Judge, Gandhinagar in Civil Misce.Appeal No.34 of 2006, by which the learned appellate court has allowed the said appeal and has quashed and set aside the order dtd. 29/3/2006 passed by the learned trial Court below Ex.5 in Special Civil Suit No.84 of 2005, the respondent herein preferred Special Civil Application No. 5156 of 2011 and the same came to be disposed of by this Court vide order dtd. 9/5/2011 recording consensus between the learned advocate appearing on behalf of the respective parties to dispose of he said Special Civil Application directing the learned trial court to finally decide and dispose of the Special Civil Suit No. 84 of 2005 at the earliest and preferably on or before 30/6/2012 and until then and without prejudice to the rights and contentions of the respective parties to the suit and by way of interim arrangement only, the parties were directed to maintain status-quo as on the date of the said order i.e 9/5/2011.
It appears that thereafter the applicant herein - respondent No.1 of the aforesaid Special Civil Application No. 5156 of 2011 and the original plaintiff preferred present Misc.Civil Application by submitting that the respondent has forcibly taken over the possession of the suit property in question from them.
This Court passed the following order on 12/5/2011 :-
"Stand over to 14th June 2011.
In the facts and circumstances of the case and without prejudice to the rights and contentions of the respective parties to claim that they were in possession of the disputed land in question and with the consent of learned advocates appearing on behalf of respective parties, under the instructions from their respective clients who are present in the Court, by way of interim arrangement, it is directed that let the possession of the disputed land in question i.e. 4743 sq.mtrs. of land of revenue block No.313 situated at village Zank, Taluka Dahegam, District Gandhinagar be retained and/or kept with the Collector, Gandhinagar meaning thereby till an appropriate order is passed in the present application neither the petitioner - applicant nor the respondent be in possession of the disputed land in question.
Shri Neeraj Soni, learned Assistant Government Pleader to communicate this order to the Collector, Gandhinagar for taking appropriate steps to carry out the aforesaid order. Collector, Gandhinagar will be permitted to deploy security if required and appropriate order with respect to such expenses shall be passed hereinafter on the next date of hearing."
That pursuant to the aforesaid order, possession of the disputed land in question is with the Collector, Gandhinagar and the said interim arrangement has been continued.
Today, when the present application is taken up for further hearing, Mr.Mehul Shah, learned advocate appearing with Mr.Maulik Shelat, learned advocate appearing on behalf of the applicant and Mr.Mayur Rajguru, learned advocate appearing on behalf of the contesting respondent, have stated at the bar that, let the order dtd.12/5/2012 i.e. possession of the disputed land in question be continued with the Collector, Gandhinagar, till final disposal of the suit and the learned trial court may be directed to decide and dispose of the suit as well as dispute/aspect with respect to possession in accordance with law and on merits and without in any way being influenced by the present interim arrangement. It is also further requested to direct the learned trial court to finally decide and dispose of the suit at the earliest and within stipulated time.
In view of the above, present application is disposed of by directing to continue the interim arrangement pursuant to the order dtd.12/5/2011 meaning thereby the possession of the disputed land in question admeasuring 4743 sq.mtrs. of land of revenue block No.313 situated at village Zank, Taluka Dahegam, District Gandhinagar, with the Collector, Gandhinagar till final disposal of the suit without prejudice to the rights and contentions of the respective parties in the suit and by further directing the learned trial court to finally decide and dispose of the suit as well as dispute/aspect with respect to possession in accordance with law and on merits and on the basis of the evidence led and without in any way being influenced by the present interim arrangement with respect to possession. The learned trial court to finally decide and dispose of the suit at the earliest and within stipulated time, as ordered by this Court in the order dtd.12/5/2011 passed in Special Civil Application No. 5156 of 2011, unless time is extended by this Court.
With these, present application is disposed of. In the facts and circumstances of the case, there shall be no order as to costs.
[M.R.
SHAH, J.] rafik Top