Siraj Mohammad Umarji Vali v. Ismail Mohammed Umarji
2017-08-08
R.M.CHHAYA
body2017
DigiLaw.ai
ORDER : R.M. Chhaya, J. Heard Mr. S.P Majmudar, learned Counsel appearing for the appellant and Mr. Gaurav Chudasama, learned Counsel appearing for the respondent No. 1-original plaintiff. 2. The present appeal is directed against the order dated 16th March, 2016 passed by the 2nd Additional Senior Civil Judge, Bharuch below exh. 5 in Special Civil Suit No. 226 of 2013 whereby the defendants are ordered not to sell, transfer, assign the disputed land by any manner till the final decision of the suit. 3. The aforesaid order was stayed by this Court on 1.7.2016 [Coram: Mr. A.G Uraizee, J] and the matter is pending at the admission stage. The said interim relief is continued till date. 4. Having heard learned Counsels appearing for the appellant who is defendant No. 2 and respondent No. 1 who is the original plaintiff, instead of admitting the appeal, interest of justice would be served if the appeal as well as Civil Application both are disposed of with certain directions. 5. Learned Counsel appearing for the parties on broad consensus do not invite any further reasons as the suit is pending. Learned Counsel appearing for the parties have also expressed that the suit be disposed of expeditiously. 6. In light of the aforesaid, the following directions are issued: 1. The ad-interim relief granted earlier vide order dated 1.7.2016 passed in Civil Application No. 5606 of 2016 shall continue till final disposal of the suit. However the same would be without any prejudice to the rights and contentions of any of the parties. 2. The trial Court shall endeavor to hear all the parties and dispose of the suit as expeditiously as possible preferably on or before 31st March, 2018. 3. The observations made by the trial Court prima facie in the order shall not in any manner prejudice the right of the parties. It is also made clear that this order is being passed on the basis of a broad consensus between the learned counsels for the parties, without entering into the merits of the suit. It is further provided that transfer if any is undertaken by the appellant, the same shall be subject to the final outcome of the suit. 7. The Appeal from Order as well as Civil Application stand disposed of accordingly with no order as to costs. Notice is discharged.