CRA/2131/1995 of GUJARAT STATE ROAD TRANSPORT CORPORATION Vs ASHOKKUMAR SOMALAL RANA on 23 December 1999

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CIVIL REVISION APPLICATION No 2131 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 -------------------------------------------------------------- GUJARAT STATE ROAD TRANSPORT CORPORATIONVersus ASHOKKUMAR SOMALAL RANA -------------------------------------------------------------- Appearance: MR MITUL SHELAT for Petitioner None present for Respondent -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE

Date of decision: 23/12/1999

ORAL JUDGEMENT

#. Heard the learned counsel for the petitioner and perused the civil revision application. This revision application has been admitted on 18th October 1996. The order of this court of that date reads as under:

Rule. Ad-interim relief in terms of para 5(b).

Notice as to interim relief returnable on 7.11.1996.

Para 5(b) of the civil revision application reads as under:

Pending the hearing and final disposal of this revision application, Your Lordships will be pleased to stay the execution and operation of the order dated 23rd September, 1992, passed by the Extra Assistant Judge, Panchmahals, Godhara, in Misc. Civil appeal No.96 of 1992.

#. This civil revision application is directed by defendant No.3 against the order of the court below dated 23rd September 1992. Under this order, the appeal filed by the plaintiff against the order of the learned trial court below ex.5 wherein the injunction has not been granted came to be allowed and the respondents Nos.2 & 3 herein and the petitioner were restrained from interfering or taking possession of the suit premises from the plaintiff-respondent No.1 till the decision of the suit or till the decision of the competent authority either under the Gujarat Public Premises Act 1972 or under the provisions of the Land Acquisition Act, whichever is earlier. This order has been stayed by this court and which continues for all these years and nobody is present to oppose this civil revision application. The civil revision application arises from the suit of the year 1992 and interest of justice will be met in case this civil revision application is disposed of in the terms that interim relief which has been granted by this court shall continue till the decision of the suit. The learned trial court is directed to decide the suit itself within a period of nine months from the date of receipt of writ of this order or certified copy thereof, whichever is earlier. The Rule and civil revision application stand disposed of accordingly with no order as to costs.

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