(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) Learned Senior Advocate Mr.Tushar Mehta submitted that, apart from merits and legal contentions in the petitions, the petitioner was in a precarious condition on account of huge amount already invested by the petitioner and the petitioner having no right of audience in the proceedings pending before learned Registrar's Board of Nominees at Surat, as well as before Gujarat State Cooperative Tribunal, where suits and revision applications related to the land in question are pending and orders made therein are working to the prejudice of the petitioner. In view of that undisputable situation, learned Senior Counsel Mr.A.J.Patel appearing for the respondent bank and learned Senior Advocate Mr.Mihir Thakore appearing for the original plaintiff before the Board of Nominees fairly conceded that the proceedings pending before other adjudicating authorities were required to be expedited and all the parties were required to cooperate in the earliest practicable hearing and disposal of the revision applications. Revision Application Nos.98 of 2011 and 134 of 2011 which are pending before the Gujarat State Cooperative Tribunal were required to be ordered to be expeditiously heard with the cooperation of the parties concerned. Accordingly, by consent and upon joint request, it is directed that aforesaid Revision Applications, which are stated to be fixed for hearing on 17th April 2012, may be heard and finally disposed on that day itself and in case of necessity may be heard on day-to-day basis thereafter so as to dispose them of in accordance with law preferably by the end of April 2012. Hearing of present petitions is adjourned to 2nd May 2012. Further order as regards interim relief may be made on the next date of hearing.
(D.H.Waghela, J.) (Mohinder Pal, J.) *malek Top