Gujarat High Court

CRA/661/1994 of CHAKUBHAI BAVABHAI GADHIA Vs RAJKOT MUNICIPAL CORPN. on 22 November 1999

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HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL REVISION APPLICATION No 661 of 1994 For Approval and Signature: Hon'ble MR.JUSTICE S.K.KESHOTE ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to

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CIVIL REVISION APPLICATION No 661 of 1994

For Approval and Signature:

Hon'ble MR.JUSTICE S.K.KESHOTE

============================================================ 1. Whether Reporters of Local Papers may be allowed : NO

to see the judgements?

2. To be referred to the Reporter or not? : NO

3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO

-------------------------------------------------------------- CHAKUBHAI BAVABHAI GADHIA & ORSVersus RAJKOT MUNICIPAL CORPN. -------------------------------------------------------------- Appearance: MR AD MITHANI for Petitioners MS SANGEETA VISHIN for M/s.TRIVEDI & GUPTA for Respondent

-------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE

Date of decision: 22/11/1999

ORAL JUDGEMENT

#. Heard the learned counsel for the parties.

#. Rule. Ms.Sangeeta Vishin waives service of Rule on behalf of respondent.

#. Both the courts have declined to grant interim relief in favour of petitioner. However, this court on 16th June 1994 ordered to maintain status quo as on that date.

Thereafter this interim relief granted by this court continues for all these years.

#. From the record of the civil revision application, I do not find any order that the notice has been issued therein. The name of respondent is coming as it has filed caveat. The suit is of the year 1991 and when this court has protected the petitioner by grant of interim relief and it continues since about five years, if it continues for few months more, it will not adversely affect the respondent.

#. The civil revision application is disposed of in the terms that the interim relief granted by this court shall continue till decision of the civil suit. The learned trial court is directed to decide the civil suit within a period of four months from the date of receipt of writ of this order. Liberty is granted to the respondent for revival of this civil revision application in case of difficulty. Rule is made absolute accordingly.

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[sunil]

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