PANCHABHAI SHAMJIBHAI MULANI Vs. HALUBEN KADUBHAI GOTI

JUDGEMENT

(1.) This petition is filed challenging the impugned th order passed by the learned 4 Additional District Judge, Amreli in Civil Miscellaneous Appeal No.9 of 2018 on 10/10/2019, by which the lower appellate Court decided the appeal under the provisions of Order 43 and set aside the order passed below Exh.5 application filed in Regular Civil suit No.126 of 2016 on 5/4/2018 by the learned Principal Senior Civil Judge, Amreli.

(2.) At the outset, it is required to be noted that the present petition was filed on 4/11/2019, thereafter, the matter was listed on 3/2/2020, 17/2/2020, 27/2/2020 and 24/3/2020 and thereafter the matter went into cut- off. After a gap, the matter was listed again on 31/3/2023 and as the matter could not be taken up on that day, the matter is adjourned to 24/4/2023 i.e. today.

(3.) Today, when the matter is called out, learned advocate Mr.Karathiya for the petitioner has fairly submitted that the impugned order passed by the learned lower appellate Court in Civil Miscellaneous Appeal No.9 of 2018 is already implemented. Considering the said fact and that this petition is pending since last four years and the suit is now at the stage of cross-examination of the plaintiff, this Court does not find any reason to interfere with the impugned order, more particularly, when the order impugned has arisen from the interlocutory order and the same is implemented. Further, I do not find any valid reason to interfere with the findings of the lower appellate Court at such a belated stage when the suit itself has proceeded for final disposal.