Galbaji vs Pavaniben

Learned counsel, Mr. N.V.Solanki, submitted that since the main civil suits between the parties are being conducted in the trial court at present, without prejudice to the rights and contentions of the petitioners herein, the petition was not pressed for any relief or order on merits. In case, the civil suits, pending and being conducted in the trial court, are not expeditiously heard and decided, the parties would be at liberty to make appropriate application in the trial court itself for early hearing or for any interim relief, if required and if the parties are so advised. Accordingly, the petition is disposed as not pressed and interim relief is not pressed. Rule is discharged with no order as to costs. Ad interim relief granted herein on 13.06.2006 is vacated, if it has operated till now. It is, however, clarified that the trial court shall decide the issues arising in the civil suits between the parties on the basis of the evidence on record, on merits and in accordance with law without being influenced by the fact that present petition is disposed without any order being invited on merits.

[D.H.WAGHELA, J.] Jyoti Top