OM PRAKASH B KHARE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal From Order is filed against the order passed by the learned Civil Judge (S.D.), Vadodara below an application Exh.5 in Special Civil Suit No, 1051 of 2001 whereby the injunction application preferred by the original plaintiff - present appellant was partly allowed and relief claimed in paragraph 2 1 (2) of the said application was granted and rest of the relief claimed was rejected.

(2.) The original plaintiff - present appellant has filed the present Appeal Prom Order against the rejection of the relief claimed in the injunction application.

(3.) This Appeal was admitted on 16.09,2003 and notice was issued in Civil Application No. 6539 of 2003 and parties mere directed to maintain status-quo qua the possession and title of the land in question including the superstructure erected on the date of the said order i.e. on 16.09.2003. The Court has also made it clear in the said order that the Status-quo qua the possession of the land will be maintained and the respondents were directed not to transfer possession of the land to any third party and were also directed not to transfer the superstructure erected, If not transferred or altered on or before that date. The Court has also made clear that the construction, if carried out, would be subject to the outcome of the Appeal from Order. The said arrangement was made till the Civil Application was heard and finally disposed of. The said Civil Application was finally heard and disposed of on 11.11.2003 and the Court has held that the order passed earlier on 16.09.2003 was required to be made final, till final disposal of the Appeal so as to avoid any further litigation and to eliminate the dispute between the parties. The Court has also directed to expedite the hearing of the Appeal.