YAMUNABEN Vs. CHANDULAL MULJIBHAI PATEL

JUDGEMENT

(1.) HEARD Mr. P. C. Kavina, learned Senior advocate with Mr. S. P. Majmudar, learned advocate appearing on behalf of the applicant - original plaintiff. Mr. Mihir thakore, learned Senior Advocate with mr. S. N. Thakkar, learned Advocate appearing for respondent Nos. 9 and 10 and mrs. Ketty Mehta, learned Advocate appearing on behalf of the respondent No. 8 herein, who are main contesting parties so far as present Appeal from Order and litigation is concerned.

(2.) PRESENT Appeal from Order has been preferred by the appellant - original plaintiff challenging the impugned order dated 13. 07. 2009 passed by the learned 3rd additional Sr. Civil Judge, Surat passed below Exh. 5 in Special Civil Suit No. 22 of 2009, by which the learned Trial Court has rejected said application submitted by the appellant - original plaintiff for interim injunction during the pendency and final disposal of the suit.

(3.) ON considering the impugned order passed by the learned Trial Court and having heard the learned Advocates appearing on behalf of the respective parties, it appeared to the Court that what is weighed with the learned trial Court is the opinion of the learned Retd. Judge and therefore, to avoid any further allegation of bias, this Court suggested that let impugned order be set aside and matter be remanded to the learned trial Court for deciding the application Exh. 5 afresh without considering opinion of the learned Retd. Judge. To that learned Advocates appearing on behalf of the respective parties have jointly submitted under the instructions from their respective clients that let impugned order passed by the learned trial court below Exh. 5 be quashed and set aside without prejudice to the rights and contentions of the respective parties and without further entering into merits of the case and without expressing any opinion on merits and let the learned trial Court pass an appropriate order in accordance with law and on merits without considering opinion of the learned Retd. Judge and give his own findings.