CRA/2117/1995 of PIRUMIYA LALMIYA Vs SHAIKH IQBAL KALUBHAI on 30 December 1999

1. Whether reporters of local papers may be allowed to see the judgment ?

2. To be referred to the reporters or not ?

3. Whether their lordships wish to see the fair copy of the judgment ?

4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder ?

5. Whether it is to be circulated to the Civil Judge?

--------------------------------------------------------- PIRUMIYA LALMIYA

VERSUS

SHAIKH IQBAL KALUBHAI

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

Mr.SHAKEEL A QURESHI for petitioners

None present for Respondent

--------------------------------------------------------- Coram: MR.JUSTICE S.K. Keshote,J

Date of decision:30/12/1999

C.A.V. JUDGMENT

#. This revision application is directed by defendants-petitioners against the order of the Assistant Judge, Mahesana Camp at Patan dated 15.7.95 in Misc.

Civil Appeal No.101 of 1995. The application filed by plaintiffs-respondents No.1, 2 & 3 below ex.5 in Regular Civil Suit No.56 of 1995 came to be granted and temporary injunction as prayed for in para-19(1), (2) & (3) has been granted.

#. Nobody is present to oppose this civil revision application on behalf of respondents.

#. On 1.2.96, this civil revision application was admitted and the court has ordered:

"Rule returnable in the third week of June 1996.

By way of ad-interim relief it is directed that both the parties shall maintain status-quo with respect to the properties bearing Survey Nos.57

and 59 situated at Village: Gungadi, Taluka:

Patan."

#. Looking to the nature of dispute which has arisen between the parties and the fact that the dispute pertains to Kalupur Dargah Masjid and Kabrastan Trust, it is in the larger interest of the parties also that the interim relief granted by this court shall continue till decision of the suit. The suit itself has to be disposed of at an early date. The learned trial court is directed to decide the suit within a period of one month from the date of receipt writ or certified copy of this order. The civil revision application and Rule stands disposed date of receipt writ or certified copy of this order. The civil revision application and Rule stands disposed of accordingly with no order as to costs.

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