BHUPENDRA CHAGANLAL GANDHI Vs. MINESH CHAGANBHAI PATEL

JUDGEMENT

(1.) The present Appeal is filed by the appellants - original defendants Nos.1 to 5 challenging the order dtd. 12/7/2019 passed by the 14th Additional Civil Judge, Surat, below Exh-5 application in Special Civil Suit No.180 of 2004, whereby, the Civil Judge partly allowed the Exh.-5 application and granted interim prayer and passed the following order :

(2.) The present appeal was admitted way-back in the year 2019 vide order dtd. 5/12/2019 and a detailed order was passed by deciding the interim relief application for stay, which reads as under :

(3.) Considering the fact that the suit is of the year 2004 and there are three suits inter se filed by and between the parties for the one subject parcel of land involved in the present proceedings and considering the fact that since the suit is of the year 2004 and it is yet pending for adjudication for more than 18 years before the trial court, therefore it is desirable that all the three suits viz. Special Civil Suit No.124 of 2004 (filed by Respondent No.2 herein), Special Civil Suit No.180 of 2004 (filed by respondent No.1 herein) and Special Civil Suit No.194 of 2004 (filed by the present appellants) are to be decided as expeditiously as possible preferably within a period of one year. The concerned trial court, before which, all the above mentioned three suits are pending for its final adjudication, is hereby directed to decide all the three suits as expeditiously as possible within a period of one year, taking into consideration the decision of the Apex Court rendered in case of Patnam Shakuntala and Another Vs. Giridhar Mulji Chavda (Dead) By Lrs., reported in [2005] 11 SCC 497, more particularly, paragraph nos. 4, 5, 6 and 7, wherein, it is held as under :