As common questions of fact and law are involved in both the above captioned petitions, the same were heard together and are being disposed of by this common judgment and order.
Heard learned advocate Mr.D.F.Amin appearing for the petitioners - original defendants. Learned advocate Mr.Tamim Ansari, even on repeated calls, has not remained present. As the petitions can be disposed of on a short ground, I have thought fit to proceed with the matters even in the absence of learned advocate Mr.Tamim Ansari.
Petitioners in both the petitions are original defendants of Regular Civil Suit No.332 of 1998 pending in the Court of 3rd Joint Civil Judge (S.D.), Nadiad. The respondents - original plaintiffs filed Regular Civil Suit No.332 of 1998 for declaration and injunction.
It appears that the plaintiffs preferred application Exh.5 seeking injunction against the defendants and at the same time application Exh.24 also came to be preferred by the petitioners herein - original defendants seeking injunction against the plaintiffs. The Court below, vide order dated 5th May 1999, disposed of both the applications i.e. applications Exh.5 and Exh.24 by a common judgment and order, whereby Exh.5 preferred by the original plaintiffs came to be partly allowed, whereas Exh.24 preferred by the original defendants i.e. the petitioners herein was rejected. Aggrieved by the said order passed by the learned Civil Judge, the petitioners - original defendants preferred Misc. Civil Appeal No.134 of 1999, whereas the respondents - original plaintiffs preferred Misc. Civil Appeal No.132 of 1999.
The first appellate authority, vide judgment and order dated 30th May 2000, partly allowed the Civil Misc. Appeal No.132 of 1999 preferred by the original plaintiffs - respondents herein and dismissed the Civil Misc. Appeal No.134 of 1999 preferred by the petitioners herein i.e. the original defendants. These two petitions have been preferred challenging the judgment and order passed by the first appellate authority in Civil Misc. Appeal Nos.132 and 134 of 1999.
Mr.Amin, learned advocate appearing for the original defendants i.e. the petitioners herein informed the Court that there has been a substantial progress so far as the main suit is concerned i.e. Regular Civil Suit No.332 of 1998. He states that in view of the fact that the suit is almost on the verge of completion, this Court need not adjudicate the matters on merits and may pass appropriate orders directing the Court below to dispose of the civil suit in a stipulated period of time.
In view of the stand taken by learned advocate Mr.Amin, without going into the merits of the judgment and order which has been impugned in both the petitions, I dispose of both the petitions which are preferred under Article 227 of the Constitution of India, directing the 3rd Joint Civil Judge (S.D.), Nadiad to dispose of Regular Civil Suit No.332 of 1998 on or before 31st March 2012.
It is clarified that this Court has not gone into the merits of the impugned judgment and it will be for the Civil Judge to decide the respective rights of the parties so far as the suit land is concerned, based on the oral and documentary evidence led during the course of the trial.
With the above observations, both the petitions are accordingly disposed of.
(J.B.Pardiwala, J.) /moin Top