LAWS(GJH)-2023-4-208

KESHAVLAL NATHALAL CHAUHAN Vs. GULAMRASUL HUSAINBHAI MOMIN

Decided On April 06, 2023
Keshavlal Nathalal Chauhan Appellant
V/S
Gulamrasul Husainbhai Momin Respondents

JUDGEMENT

(1.) The present petition is filed by challenging the impugned order dtd. 17/10/2015 passed by the Addl. District Judge, Ahmedabad (Rural), Mirzapur, Ahmedabad in Civil Misc. Appeal No.66 of 2014, whereby the learned trial Court has allowed the appeal by setting aside the order passed below Exh.5 application in Regular Civil Suit No.230 of 2011.

(2.) The present petitioners have preferred Civil Revision Application No.471 of 2015, which was allowed to be converted vide order date 13/2/2023, and therefore, the present petition is filed.

(3.) I have perused the impugned order passed by the learned Appellate Court below. It transpires that the learned Appellate Court below has given cogent and convincing reasons for interfering with the order of the learned trial Court. Moreover, considering the fact that since 2015 when the learned Appellate Court below has passed the order and till today, no interim protection is granted in any proceeding i.e. Civil Revisions Application or present Special Civil Application by this Court to the present petitioner and considering the fact that the suit is of the year 2011, it is appropriate to direct the learned Civil Judge, Sanand, District - Ahmedabab to decide the Regular Civil Suit No.230 of 2011, as expeditiously as possible, preferably on or before 30/1/2024, by giving proper opportunities to the parties. Parties shall also cooperate in the said proceedings without seeking unnecessary adjournment.