ARIHANT ADVERTISERS Vs. AHMEDABAD MUNICIPAL CORPORATION

JUDGEMENT

(1.) MR .Gandhi, learned Advocate appearing on behalf of the appellant original plaintiff has stated under the instructions from his client that in view of the fact that the appellant has already entered into contract with others which is valid up to 31st October, 2008 and with a view to avoid any further litigation and hardship to the appellant and others, if the appellant is permitted to continue with the occupation and possession of the disputed property till 31st October, 2008, the appellant will be satisfied. He has also further submitted separate Undertaking is filed to the aforesaid effect. He has further declared before this Court that in view of the above, even he may be permitted to withdraw original Suit pending in the trial Court with a liberty to the original plaintiff to initiate appropriate proceedings before the appropriate forum for damages and/or any other reliefs. Undertaking filed by the appellant is directed to be taken on record. Mr.Munshaw, learned Advocate appearing on behalf of the Corporation has stated in the facts and circumstances of the case, if aforesaid course is adopted and the appellant will handover peaceful and vacant possession of the property in question on or before 31st October, 2008, the respondent Corporation would not have any objection as it will be in the interest of Corporation and it will put an end to long litigation. In view of the above, learned Advocates appearing on behalf of the respective parties have requested to modify the order passed by the learned trial Court accordingly.

(2.) IN view of the consensus between the learned Advocates appearing on behalf of the respective parties and Undertaking filed by the appellant, the appellant is permitted to retain possession of the disputed property till 31st October, 2008. The appellant is also directed to handover peaceful and vacant possession of the disputed property to the Corporation on or before 31st October, 2008 and till then parties are directed to maintain status -quo. It is agreed by the appellant that in the meantime, the appellant will not enter into new contract and/or create any third party rights with respect to the property in question. The order passed by the learned trial Court impugned in the Appeal from Order is modified to the aforesaid extent.

(3.) IN view of the declaration by the learned Advocate appearing on behalf of the appellant to withdraw suit in question being Civil Suit No.2183 of 2005 pending in the Court of City Civil Court, Ahmedabad, same is dismissed as withdrawn. However, it is observed that same will not come in the way of any of the parties in the proceedings that may be initiated by the appellant herein. At this stage Mr.Gandhi, learned Advocate appearing on behalf of the appellant has submitted that infact the appellant has to recover the amount from Corporation against which, Mr.Mushaw, learned Advocate appearing on behalf of the Corporation has stated that in fact the Corporation has to recovery the amount from the appellant. It is observed that this Court has not expressed any opinion on merits with respect to the same. At this stage, Mr.Munshaw, learned Advocate appearing on behalf of the Corporation has submitted that current rent is also not paid by the appellant. However, Mr.Gandhi, learned Advocate appearing on behalf of the appellant has submitted that advance rent is paid by the appellant. In view of above, it is directed that if any amount towards rent is due and payable, in that case, the appellant will clear the same within a period of 15(fifteen) days from today and continue to pay the said amount towards mesne profits till 31st October, 2008. With these, present Appeal from Order and Civil Application are disposed of. The Civil Suit No.2183 of 2005 pending in the Court of City Civil Court at Ahmedabad is hereby dismissed as withdrawn with above liberty. The appellant to produce copy of this order before the learned trial Court in the aforesaid Suit as the Suit itself is now withdrawn.