Mahendrakumar Popatlal Mehta vs Bhalabhai Mehurbhai Rabari

1. By way of the present Appeal from Order, the appellants

- original plaintiffs challenge the order dated 16.12.2016 passed by the learned Additional Senior Civil Judge, Kalol below Exh.5 in Special Civil Suit No.34 of 2014.

2. Learned Senior Counsel Mr.M.S. Shah appearing with learned advocate Mr.J.M. Shah for the appellants - plaintiffs does not invite reasoned order but, makes a request that the respondents may be directed to declare the transaction, if any, undertaken by them pending hearing of the suit and such transaction, if any, effected pending hearing of the suit, the same shall remain subject to out-come of the suit and without prejudice to the rights and contentions of the appellants - plaintiffs. He further makes a request that the learned trial Judge may be directed to expedite hearing of the suit.

C/AO/111/2017 ORDER

3. In light of the statement made at bar, present Appeal from Order stands disposed of with a direction to the learned trial Judge to expedite hearing of Special Civil Suit No.34 of 2014 and decide the same as expeditiously as possible but, not later than 1 year from the date of receipt of copy of this order. The learned trial Judge shall decide the suit in accordance with law after hearing parties to the suit and uninfluenced by observations made in the impugned order and in the present order. Further, parties to the suit are also directed to co-operate with the learned trial Judge for deciding the suit in a time bound manner and shall not seek unnecessary adjournment.

4. The respondents are hereby directed to place on record details of transaction, if any, effected with respect to the suit property, pending hearing of the suit and declare the same before the learned trial Court in writing and such declaration shall be made within 7 days from the date of entering into such transaction and it is made clear that if any transaction is effected qua the suit property, pending hearing of the suit, the same shall remain subject to out-come of the suit and without prejudice to the rights and contentions of the appellants - plaintiffs.

5. In view of disposal of present Appeal from Order, connected civil application would not survive and the same also stands disposed of.

(S.H.VORA, J.) Hitesh Page 2 of 2