SUNILBHAI SHANKARBHAI PATEL Vs. SUBODHBHAI PATEL

JUDGEMENT

(1.) The present Appeal from Order at the instance of the appellant - original plaintiff under Order 43 Rule 1(r) of the Code of Civil Procedure 1908 is directed against the order dtd. 14/9/2010 passed below Exh.5 in Special Civil Suit No.390 of 2006 by learned 15 th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Vadodara whereby the learned trial Court has rejected the application of the plaintiff for interim injunction.

(2.) The present Appeal from Order is ordered to be admitted on 19/4/2011 and at the same time, in Civil Application (for stay) No.16548 of 2010, the Coordinate Bench of this Court has on 19/4/2011 passed the following order. "Rule. Learned counsel waive service on behalf of the respective parties.

(3.) Today, when the matter was called out, learned advocates appearing for the respective parties have jointly submitted that the suit is under active progress and therefore, if the interim order passed by this Court on 19/4/2011 is continued till the final disposal of the suit, it would meet the ends of justice.