CRA/578/1995 of PARMAR KEHUBHAI GAGJIBHAI Vs PARMAR VALJIBHAI GANESHBAHI 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?

--------------------------------------------------------- Parmar Kehubhai Gagjibhai

VERSUS

Parmar Valjibhai Ganeshbhai

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

Ms.Mamta Vyas for petitioners

Mr.P.J.Yagnik for Respondent

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

Date of decision:30/12/1999

C.A.V. JUDGMENT

#. Heard the learned counsel for the parties.

#. On 28.1.97, this court ordered:

Heard Miss. Vyas for the petitioners and Mr.Yagnik for the respondent. In the facts and circumstances of the case, interim relief is granted in terms of para 5(c) till disposal of this application. Hearing of this C.R.A. is expedited. Trial Court is directed to dispose of the suit as expeditiously as possible, preferably before 30.6.97.

#. The learned counsel for the parties are in agreement that the suit has still not been decided by the court below. On the record of this civil revision application, I do not find any explanation from the court below why this court's order aforesaid has not been complied with. Be that as it may, it is not in dispute that this revision application has arisen from the suit of year 1991. So the suit is seven years' old. Interest of justice will be served in case this civil revision application is disposed of in the terms that the interim relief granted by this court on 28.1.97 shall continue till decision of the suit. The learned trial court is directed to dispose of the suit within a period of four months from the date of receipt of writ of this order or certified copy thereof, whichever is earlier. Compliance of this order has to be reported to this court. In case of difficulty, liberty is granted to the respondents for revival of this civil revision application by filing a simple note. Rule and civil revision application stand disposed of accordingly with no order as to costs.

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