MUSTUFAMIYA MAHAMMADMIYA SHEIKH Vs. JEBANBIBI

JUDGEMENT

(1.) THIS petition has been preferred against the order dated 08.12.2009 passed by the learned Addl. Sessions Judge & Fast Track Court No.2, Kheda at Nadiad in Civil Misc. Appeal No.11/2008 whereby, the said appeal has been allowed and the order dated 29.12.2007 passed by the learned Principal Civil Judge (J.D.), Matar below application Exhibit-5 filed in Regular Civil Suit No.35/2007 has been quashed and set aside.

(2.) THE facts in brief are that the petitioner herein had filed Regular Civil Suit No.35/2007 against the respondent before the trial Court for declaration and permanent injunction in respect of the property bearing City Survey Nos.2191 & 2192 of Matar Town. Along with the suit, the petitioner, original plaintiff, had also filed application Exhibit-5 for interim injunction. After hearing both the sides, the trial Court allowed Exhibit-5 application by order dated 29.12.2007 whereby, the respondent, original defendant, was ordered to maintain status quo till the final disposal of the suit.

(3.) WHILE admitting the matter on 06.05.2010, this Court had stayed the operation of the impugned order dated 08.12.2009 passed in Civil Misc. Appeal No.11/2008 by the lower appellate Court. Considering the fact that initially, the trial Court had directed the parties to maintain status quo, which was vacated by the lower appellate Court, by passing the impugned order dated 08.12.2009, in my opinion, it would be appropriate that the suit pending between the parties before the trial Court is disposed of expeditiously since observations, if any, that may be made by this Court on the merits of the case may prejudicially affect the rights / interests of either party before the trial Court.