[1] Heard learned advocates for the respective parties. It is jointly submitted by learned advocates for the respective parties that if Special Civil Suit No.38 of 2011 is directed to be expeditiously disposed of, then, they do not invite any reasoned order.
[2] It is submitted by Mr.Majmudar, learned advocate appearing for respondent no.1 - original plaintiff that respondent no.1 - original plaintiff is ready and willing to deposit Rs.20 lacs with the Trial Court within a period of 40 days from today without prejudice to his rights and contentions.
[3] Under the circumstances, Learned Additional Senior Civil Judge, Palanpur is hereby directed to dispose of Special Civil Suit No.38 of 2011 in accordance with law and without being influenced by the order passed by the Trial Court below Exh.5 as well as order passed by this Court today, within a period of nine months from the date of receipt of present order.
[4] Respondent no.1 - original plaintiff to deposit Rs.20 lacs with the Trial Court within a period of 40 days from today without prejudice to his rights and contentions.
[5] On depositing Rs.20 lacs with the Trial Court, Nazir of the concerned Court shall invest the said amount in fixed deposit for a period of nine months. After the suit is decided by the Trial Court, necessary order will be passed by the Trial Court with regard to amount invested in fixed deposit, subject to outcome of the Suit.
[6] In view of above, both the Appeal from Orders are disposed of. No order in Civil Applications and same are disposed of.
[M.D.Shah, J.] satish Top