Gujarat High Court

CRA/2271/1995 of NAROTAMDAS VITHALDAS ACHARYA Vs SUMANGALAM TRUST on 24 December 1999

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HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL REVISION APPLICATION No 2271 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 2271 of 1995

For Approval and Signature:

Hon'ble MR.JUSTICE S.K.KESHOTE

============================================================

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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 -------------------------------------------------------------- NAROTAMDAS VITHALDAS ACHARYA

Versus

SUMANGALAM TRUST

-------------------------------------------------------------- Appearance:

MR NV ANJARIA for Petitioners

None present for Respondents

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

Date of decision: 24/12/1999

ORAL JUDGEMENT

#. Having heard the learned counsel for the petitioner, I am satisfied that interest of justice will be met in case this civil revision application is disposed of with directions to the court below to decide the suit itself within a period of six months from the date of receipt of writ of this order or certified copy thereof, whichever is earlier.

#. The suit is of the year 1988. This matter has come up before this court in the proceedings below ex.5 initiated in the trial court by the plaintiffs-petitioners. The suit has been filed for injunction restraining the defendants-respondents from forcibly evicting the plaintiffs-petitioners from the residential premises occupied by them on the ground floor of the temple of Shri Hanumanji, opposite Helipad Ground at Sector No.17 at Gandhinagar. This court on 23rd October 1996 ordered:

In response to the notice issued to the respondents, none has appeared. Hence Rule. Ad-interim relief in terms of para 5(2). Further it is directed that the ad-interim relief granted on 3.1.1996 with regard to the possession of the applicants in respect of the suit premises to be protected also to continue till the final hearing and disposal of the civil revision application.

#. So interest of justice will be met in case this ad-interim relief granted by this court to remain in force till decision of the suit. The civil revision application and Rule therein stand disposed of accordingly with no order as to costs. The learned trial court is directed to report compliance of this order to the court.

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