RAMESHBHAI MANJIBHAI DAVRA Vs. NAGJIBHAI KANJIBHAI PATEL

JUDGEMENT

(1.) THE present Appeal from Order under Order XLIII Rule 1 of the Code of Civil Procedure, has been preferred by the appellants original defendant Nos. 1 and 2 to quash and set aside the impugned judgement and order dated 7th February,2008 passed by learned 2nd Additional Senior Civil Judge, Surat below application Exh-5 in Special Civil Suit No. 279 of 2007, by which, the Trial Court has allowed the said application Exh-5 in favour of the original plaintiff.

(2.) AFTER arguing the matter at length, Mr. Mehta, learned advocate appearing on behalf of the appellants does not press the present Appeal from Order. However, he has requested to make suitable observation to direct the Trial Court to decide and dispose of the Suit in accordance with law and on the basis of evidence and without being influenced by the order passed below application Exh. 5.

(3.) IN view of the above, the present Appeal from Order is dismissed as not pressed. Trial Court is directed to decide and dispose of the Suit in accordance with law and on the basis of evidence lead and without being influenced by the impugned order passed below application Exh. 5. All concerned are directed to co-operate the learned Trial Court in early disposal of the suit. It goes without saying that any observation made by the learned Judge in the impugned order passed below application Exh-5 be treated as tentative while deciding the application below Exh-5 only.