1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicants herein - original defendants challenging the impugned order dated 12/01/2011 passed by learned Mamlatdar, Patan in Mamlatdar Court Suit No.2 of 2010 as well as the impugned order dated 21/03/2011 passed by learned Assistant Collector, Patan in Revision Application No.2 of 2011.
2. Mr.P.P.Majmudar, learned advocate appearing on behalf of the applicants has submitted that as such the applicants have another way to go to their field/village. It is further submitted that the applicants have already filed a substantive Regular Civil Suit No.50 of 2010 pending in the Civil Court and the said Suit is yet to be considered by learned Trial Court and, therefore, observations made by both the Courts below may come on the way of the applicants at the time of deciding the aforesaid Civil Suit. Therefore, it is requested to make suitable observations that the learned Trial Court to decide and dispose of the Regular Civil Suit No.50 of 2010 as well as Exh-5 application (if any pending) independently, in accordance with law and on merits and without in any way being influenced by the observations made by the Courts while passing the impugned orders. It is submitted that if the aforesaid suitable observations are made, the applicants will be satisfied.
3. Having heard Mr.Majmudar, learned advocate appearing on behalf of the applicants, Mr.Kabir Hathi, learned Assistant Government Pleader appearing on behalf of respondent No.1 and Mr.Sidharth Dave, learned advocate appearing on behalf of the contesting respondents, the present Civil Revision Application is disposed of by observing that the impugned orders shall be without prejudice to the rights and contentions of the respective parties in pending Suit i.e. Regular Civil Suit No.50 of 2010 and learned Trial Court to decide and dispose of Regular Civil Suit No.50 of 2010 as well as Exh.5 application (if any pending) independently, in accordance with law and on merits and without in any way being influenced by the observations made by the Courts while passing the impugned orders.
[M.R.SHAH,J] *dipti Top