(PER :
HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI)
1. We have heard Mr. S.S. Jadeja, learned counsel holding brief of Mr. S.P. Majmudar appearing for the appellant and Ms. Krina Calla, learned Assistant Government Pleader appearing for the respondents.
2. This Letters Patent Appeal has been filed by the appellant original petitioner challenging the interim order dated 22.8.2012 passed by the learned Single Judge in Special Civil Application No.7939 of 2011 whereby while admitting the writ petition, the learned Single Judge has refused to grant interim relief to the appellant.
3. This Court vide order dated 12.9.2012 while issuing notice granted interim relief in the nature of status quo as regards the existing position, nature and character of the property, as on that date.
3. Counsel for the parties agree that this Letters Patent Appeal may be disposed of with a direction to the learned Single Judge so that the writ petition may be decided on merits. Interest of justice would be served if we dispose of this Letters Patent Appeal with a request to the learned Single Judge to decide the writ petition expeditiously subject to His Lordship s convenience. We accordingly pass such order. Till the disposal of the writ petition, the parties shall maintain status quo as regards the existing position, nature and character of the property in question.
4. Subject to the above observation, this Letters Patent Appeal is accordingly disposed of. Rule is made absolute to the above extent. The parties shall bear their own costs.
Sd/-
(V.M.SAHAI, J.) Sd/-
(S.G.SHAH, J.) Savariya Page 3 of 3