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Sarbai Musa vs Mamad Noormamad & 3

High Court Of Gujarat|24 September, 2013
Challenge in this appeal from order is order dated 23.8.2012 passed by the learned 11th Additional Senior Civil Judge, Jamnagar below application Exh.5 in Special Civil Suit No.137 of 2010, whereby the learned trial Judge was pleased to dismiss application Exh.5 filed by the appellants.
Learned advocate for the appellant Mr. Umang Oza does not invite reasoned order and prays that learned trial Judge may be directed to expedite hearing of the suit, so that plaintiff's right qua the suit property can be decided at an early point of time. Considering the relationship Page 1 of 3 C/AO/501/2012 ORDER between the parties and facts of the case, the learned trial Judge is directed to decide and dispose of the suit on merit and in accordance with law as early as possible but not later than six months from the date of receipt of the order of this Court. Both the parties to the proceedings are hereby directed to cooperate with the learned trial Judge and shall not seek unnecessary adjournment.
Pending hearing of the suit, if the defendants create third party right qua the suit property, such facts shall be placed on record before the trial Court, so that the plaintiff can take appropriate/suitable action qua such transfer pending hearing of the suit.
While parting with the order, it is clarified that this Court has examined the impugned order passed by the learned trial Judge within the limited scope of provisions of Order 43 Rule 1(r) of the Code, whereas the main controversy involved in the suit is at large before the trial Court to be adjudicated through full­fledge trial. Therefore, the learned trial Judge shall not be influenced by any observations recorded in the impugned order and observations recorded by this Court herein above while deciding the suit at the end of trial. The findings recorded either by the trial Court or by this Court at inter locutory stage of the suit are tentative in its nature and the learned trial Judge shall decide the case on its merit and as per evidence that may be led during the course of trial and decide the suit in accordance with law.
With the aforesaid observations and directions, the appeal from order stands disposed of. Direct service is permitted.
In view of disposal of appeal from order, civil application does not survive and the same stands disposed of accordingly.
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