Having considered the submissions advanced by learned Senior Counsel Mr.Sanjanvala with learned advocate Mr.D.M.Popat for the appellant and considering the impugned order passed by the Trial Court, it transpires that the original suit was filed in the Year-2007 and below the temporary injunction application Exh.5, the Trial Court was pleased to issue urgent show-cause notice to the defendant therein by order dated 04.12.2007 and practically after three and half years, on 10.04.2012, the Trial Court allowed the said temporary injunction application filed by respondent no.1-original plaintiff herein.
I have taken into consideration the fact that dispute involved between the parties is a family dispute. I have also taken into consideration the affidavit of the appellant filed today, which shall be retained on record. It is submitted that on 10.04.2012 when the impugned order came to be passed by the Trial Court, immediately an application Exh.117 was moved requesting suspension of the impugned order, so as to enable the appellant herein to prefer this Appeal from Order and the Trial Court vide order dated 10.04.2012 passed below application Exh.117 suspended the operation of impugned order for 30 days, which expires today.
Notice returnable on 18.06.2012. In the meanwhile, the order passed by the Trial Court dated 10.04.2012 below application Exh.117 in the suit shall continue. Direct service is permitted, today.
(J.C.UPADHYAYA,J.) Girish Top