GUJARAT STATE Vs. RAMDEVSINH MADHUBHAI CHUDASAMA

JUDGEMENT

(1.) THE present Special Civil Application has been preferred against the order dated 30th August, 1999 below Exh. 5 in Regular Civil Suit no. 135 of 1999 passed by the Civil Judge (C. D.), Bhavnagar as well as against the order dated 1st March, 2007 in Miscellaneous Civil Appeal No. 183 of 1999 passed by the Additional District Judge, Bhavnagar, whereby the appeal preferred by the present petitioners has been dismissed. Thus, the original defendants have preferred the present Special Civil Application.

(2.) HAVING heard the learned advocates for both the sides and looking to the facts and circumstances of the case, the impugned orders passed by both the courts below are hereby quashed and set aside mainly for the following facts and reasons:

(3.) IN view of the above facts and reasons, this petition is allowed. The order dated 30th August, 1999 below Exh. 5 in Regular Civil Suit no. 135 of 1999 passed by the Civil Judge (C. D.), Bhavnagar as well as against the order dated 1st March, 2007 in Miscellaneous Civil Appeal No. 183 of 1999 passed by the Additional District Judge, Bhavnagar, are hereby quashed and set aside. The stay granted by the trial court below exh. 5 as well confirmed by the lower appellate court in favour of the respondent (original plaintiff) is hereby vacated. Exh. 5 application in Suit no. 135 of 1999 is dismissed. Trial Court is directed to conduct the trial on day to day basis so as to complete the same as early as possible and practicable but not later than 30th April, 2008. Rule made absolute accordingly with no order as to cost.