(1.) Heard Mr. Shital Patel, learned advocate for the appellant and Mr. Dhaval Vyas, learned advocate for the respondent No.1. The appellant-original plaintiff has preferred present appeal against the order dated 30.08.2005 passed by the learned trial Court rejecting the application (Exh.5) praying for interim relief. By order dated 06.02.2006, this Court (Coram: Hon'ble Mr. Justice A.L.Dave) by reasoned order, disallowed the Civil Application and rejected the prayer for interim relief. By a separate order of even date, the appeal, however, came to be admitted. Since 2006, the appeal has remained pending at the final hearing stage without any interim relief. By now, subsequent progress must have taken place in the suit proceedings and in all probability, it might have come to an end also. Considering the eventuality that the suit proceedings might not have got concluded, it appears appropriate that following order would meet the ends of justice.
(2.) Having regard to the fact that the suit is of 2003 and interim relief has been denied to the plaintiff, the learned trial Court is directed to expedite the hearing of the suit i.e. R.C.S.No.145 of 2003 and try to complete the hearing and to dispose of the suit as early as possible preferably by 31.08.2011. With the aforesaid clarification, the appeal is disposed of at this stage.
(3.) It is, however, clarified that the learned trial Court will proceed in and decide the suit proceedings without being influenced by the order rejecting the Notice of Motion and/or the order by which the appeal was admitted and interim relief was denied. Differently put, the suit will be decided on its own merits and on the basis of evidence obtaining on record.