Pankajbhai Ambalal Patel & vs Legal Heirs Of Chandrashekhar ...

[1] By way of present petition filed under Article 227 of the Constitution of India, the petitioners challenge the order dated 02.04.2016 passed below application Exh.6 in Appeal from Order No.8 of 2016, whereby the learned appellate Bench stayed the operation and implementation of order passed below Exh.6 in H.R.P. Suit No.93 of 2015 and further granted relief in terms of para-2(A) (it should be 4(A) of the application.

[2] Learned advocates appearing for the respective parties namely Ms.Archana Acharya appearing for the petitioners and and Mr.H.A.Dave for learned advocate Mr.G.Y.Pathan for respondent No.1 stated at bar that the petitioner and respondent No.1 are ready and willing to maintain status quo position qua suit property, if the learned trial Judge is directed to expedite the hearing of suit being H.R.P. No.93 of 2015 since issues are already framed and lis involved in the subject matter falls in a very narrow compass.

proceedings are directed to maintain status quo position qua suit property till final disposal of H.R.P.Suit No.93 of 2015 and learned trial Judge is directed to expedite the hearing of the suit and decide the same as early as possible but not later than six months from the date of receipt of copy of this order. It is made clear that this Court has not examined the impugned order on its merits and the learned trial Judge shall decide the suit on its merits and uninfluenced by the observations recorded in the impugned order and also order passed by the learned trial Judge below Exh.6. Parties to the suit are directed to co-operate with the learned trial Judge and shall not seek unnecessary adjournments so that suit can be disposed of in a time bound manner.

[4] In light of this order, learned advocate for respondent No.1 undertakes to withdraw Appeal from Order No.8 of 2016 within one week from today.

[5] In view of above observation and directions, the present petition stands disposed of at admission stage. Direct Service is permitted.

(S.H.VORA, J.) siddharth Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat May 07 06:04:55 IST 2016