PRITI BABUBHAI CHUDASMA Vs. PRAVINBHAI RAOJIBHAI DESAI

JUDGEMENT

(1.) The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicant - original defendant Nos.1 to 4 to quash and set aside the impugned order dated 30th April 2001 passed by the learned 2nd Extra Assistant Judge, at Nadiad in Civil Miscellaneous Appeal No.230/2000 and to restore the order passed by the learned trial Court below Exh.5 in Civil Suit No.382/1999. It is not in dispute that the present Revision Application arises out of the interlocutory order passed by the learned trial Court below Exh.5 and suit is yet to be decided by the learned trial Court. By interim order dated 01.10.2001, while admitting the present Revision Application, learned Single Judge has directed both the parties to maintain status-quo which has been continued till date. Under the circumstances, the present Revision Application is disposed of by directing the learned trial Court to decide and dispose of the Civil Suit No.382/1999 at the earliest and within stipulated time and till then the interim order passed by this Court directing both the parties to maintain status-quo is required to be continued, as any observation by this Court, at this stage, might affect the case of either parties of the suit.

(2.) In view of the above, without further entering into the merits of the case and without expressing any opinion in favour of either of the parties, by way of interim arrangement, present Revision Application is disposed of by directing the learned trial Court to decide and dispose of the Civil Suit No.382/1999 before 31.12.2011 and until then the parties are directed to maintain status-quo which has been prevailing since 01.10.2001. The learned trial Court shall decide and dispose of the suit in accordance with law and without being influenced by the present order. All concerned shall cooperate the learned trial Court for early disposal of the suit and within stipulated period of time.

(3.) The Registry is directed to send the writ of this order to the trial Court immediately.