SNEHAL Vs. SARLABEN JAYANTILAL SHAH

JUDGEMENT

(1.) Heard learned senior advocate Mr.Jal Soli Unwalla assisted by learned advocate Ms.Tejal Vashi for the petitioner.

(2.) The petitioner-original plaintiff in Special Civil Suit No.219 of 2015 (Old No.82 of 2012) seeks, by filing the present petition, firstly a direction to hold and declare that the action of the trial court, that is learned Additional Civil Judge (S.D.), Vapi, in adjourning Application at Exh. 31 filed in the Special Civil Suit, to 16th October, 2020, that is beyond 12th October, 2020, being the date of auction of the suit property proposed by respondent No.5 Bank herein, as bad and illegal. Second direction is prayed against respondent No.5-Bank of India not to proceed with the auction notice dated 08th September, 2020 till clearing of application Exh.31 of the petitioner-plaintiff.

(3.) Noticing the relevant facts in brief from the record of the petition and from the submissions made by learned senior advocate, the plaintiff- plaintiff herein happens to be a sister amongst the parties to the suit, who are in family relation, and who has instituted the aforementioned Special Civil Suit No.219 of 2015 for partition claiming share in the property. The suit property is stated to be land bearing Survey No.311/1 situated at Vapi, Taluka Pardi, District Valsad. In that suit, Exh.5 application of the plaintiff came to be rejected, whereagainst Appeal From Order was filed before this Court. The said Appeal From Order No.302 of 2012 came to be disposed of by order dated 08th August, 2012 wherein this Court directed the trial court to dispose of the suit expeditiously within two years and upon consensus of the parties, also directed to maintain status quo with regard to the suit property till final disposal of the suit.