At the time of hearing, learned counsel, Shri Unmesh Shukla appearing with learned counsel, Shri Kunjal Pandya for the appellant and learned counsel, Shri C.G. Sharma for the respondent no.1 have stated that without entering into merits of the matter, present Appeal from Order may be disposed of directing the trial court to dispose of the notice of motion as early as possible.
In view of the above, the impugned order passed by the City Civil Court, Ahmedabad dated 13.09.2012 is hereby quashed and set aside. The City Civil Court is hereby directed to decide the notice of motion afresh as expeditiously as possible preferably within a period of eight weeks in accordance with law on merits after hearing both sides without being influenced by the order passed by this Court and also considering the rival submissions on merits.
It is clarified that the interim order granted by this Court regarding the stay of the operation of the order therefore shall remain in operation till the decision is taken afresh in the notice of motion after hearing the parties.
With the above observations and directions, present Appeal from Order with Civil Application stands disposed of accordingly.
Direct service is permitted.
Sd/-
(RAJESH H.SHUKLA, J.) Gautam Page 2 of 2