RAMESH BHIMRAO LUSHTE Vs. SURESH BHIMRAO LUSHTE

JUDGEMENT

(1.) By way of present Appeal from Order challenges the impugned order dtd. 13/10/2021 passed below Exhibit 5 in Special Civil Suit No.167 of 2021 by the learned 4 th Additional Senior Civil Judge, Mirzapur, Ahmedabad (Rural).

(2.) Feeling aggrieved and dissatisfied with the said impugned order, the appellant filed this appeal.

(3.) Having heard learned counsel appearing for the respective parties and considering the facts and circumstances of the case and the materials available on record, it appears that the present appeal is pending since 2021 and the same is yet not admitted and the suit is of the year 2021. It also appears that Exhibit 5 application was decided on 13/10/2021 granting interim relief and the suit is pending since last two years before the Trial Court and the present appeal is also pending since last two years. Considering the decision of the Apex Court in the case of Patnam Shakuntala and another Vs. Giridhar Mulji Chavda and others reported in (2005) 11 SCC 497, more particularly paragraphs no.4, 5 and 6 and without entering into merits of the case, I am of the considered view that the purpose would be served if the Trial Court decides the suit as expeditiously as possible after giving proper opportunity to the concerned parties.