ISMAILBHAI SARDAR Vs. RAJSHRIBEN GAUTAMBHAI PATEL

JUDGEMENT

(1.) The present Appeal from Order is filed under Order 43 Rule 1(r) of the Code of Civil Procedure, challenging the legality and validity of an order dated 18.8.2017 passed by the learned Additional Senior Civil Judge, Bharuch below Exh.5 in Special Civil Suit No.64 of 2016, whereby the learned Judge was pleased to allow Exh.5 application, by passing the following order:

(2.) When the matter is taken up for hearing, the learned advocates appearing for the respective parties have jointly submitted that since the suit proceedings are of 2016 and the interim relief is operative right from 18.8.2017, instead of examining the merit and de?merit of the stand of both the sides here in appeal, it would be desirable that the main suit proceedings may be expedited by passing appropriate orders and in the meantime, till final disposal of the suit, the injunction which has been granted by virtue of order dated 18.8.2017, the same may be continued till final disposal of the suit proceedings.

(3.) Since this broad submission has been made by both the learned advocates, the Court has refrained itself from examining the merit of appeal, as not called for and has considered the request of learned advocates which found to be reasonable, in view of the decision of the Apex Court reported in AIR 2005 SC 104. Accordingly, the present Appeal from Order is disposed of on following lines: