LAWS(GJH)-2023-3-1800

RAMILABEN Vs. GHANSHYAMBHAI KANJIBAHI KEVADIA

Decided On March 28, 2023
Ramilaben Appellant
V/S
Ghanshyambhai Kanjibahi Kevadia Respondents

JUDGEMENT

(1.) The appellants - original plaintiffs by way of this appeal challenged an order dtd. 20/8/2016 passed by the learned 10th Additional Senior Civil Judge, Surat on application below Exh.5 in Special Civil Suit No.496 of 2014, whereby the learned trial Court rejected the application by the appellants - original plaintiffs and directed the appellants to pay a cost of Rs.1000.00 to all the respondents - defendants within a period of 15 days.

(2.) I have perused the order of the trial Court. It is fairly conceded by the learned advocate Mr. Manan A. Shah that the suit is filed in the year 2014 pending in the trial Court and he has restricted his prayer only to the payment of the cost.

(3.) Considering the submissions of the learned advocate Mr.Manan Shah and learned advocate for the respondent Nos. 1, 2 and 4, the suit which is of the year 2014 and pending before the trial Court for adjudication. Upon consonance between the parties, it is hereby decided that the present Appeal from Order be disposed of and the trial Court be directed to conclude the trial as expeditiously as possible, preferably within a period of 6 months from the date of receipt of this order. In event of imposition of any cost, the trial Court shall hear the contentions of the parties upon whom the cost is to be imposed. The order of the cost of payment of Rs.1000.00 from each of the plaintiffs to the defendant is hereby stayed and will be subject to outcome of the suit after hearing of the parties.