Gujarat High Court

CRA/1035/1995 of PATEL KANTILAL NANJI Vs STATE OF GUJARAT on 19 November 1999

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HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL REVISION APPLICATION No 1035 of 1995 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

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CIVIL REVISION APPLICATION No 1035 of 1995

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 -------------------------------------------------------------- PATEL KANTILAL NANJIVersus STATE OF GUJARAT -------------------------------------------------------------- Appearance: MR YS MANKAD for Petitioners MS SIDHDHI TALATI, AGP for Respondent Nos.1 to 4

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

Date of decision: 19/11/1999

ORAL JUDGEMENT

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1. This civil revision application under section 115

of the Civil Procedure Code, 1908 is directed by the plaintiffs - petitioners against the order of the court below under which the application filed by the petitioners in the civil suit for grant of temporary injunction was came to be rejected. The trial court rejected the application on 29.9.1992 and that order has

2. This civil revision application had come up for preliminary hearing in court on 12.10.1995 on which date the same was admitted and interim relief in terms of paragraph 9(c) has been granted. The petitioners have been protected by this court and this protection continued till this date. The suit is of the year 1988 being Regular Civil Suit No.575/88 pending in the court of Civil Judge (Senior Division), Bhuj. The suit is of 12 years old and it is to be given top priority in disposal. Keeping in view the fact first that the petitioners have been protected by the court for last 12 years and the suit is of the year 1988, the interest of justice will be met in case the civil revision application is disposed of in the terms that interim relief granted by this court shall continue till the disposal of the civil suit. Learned trial court is directed to dispose of the Regular Civil Suit No.575/88 within a period of four months from the date of the receipt the writ of this order. This civil revision application and the rule therein stand disposed of accordingly with no order as to costs.

�����(S.K.Keshote,J.)

(pathan)

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