CRA/1605/1995 of PUNJA UKARDA Vs AHER RAIDHAN HAMIR & 2 on 28 December 1999

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CIVIL REVISION APPLICATION No 1605 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 -------------------------------------------------------------- PUNJA UKARDAVersus AHER RAIDHAN HAMIR & 2 -------------------------------------------------------------- Appearance: MR MD RANA for Petitioner None present for Respondents -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE

Date of decision: 28/12/1999

ORAL JUDGEMENT

Heard the learned counsel for the petitioner.

2. This revision application was admitted by this court on 6th September, 1995 and interim relief in terms of para- 7(b) was granted. Para-7(b) reads as under:

pending admission, hearing and final disposal of this petition, to issue ad-interim order staying the operation and implementation of the order passed on injunction application No. 121 of

1994.

3. So meaning thereby, this interim relief granted by this court continues for all these years. The appellate court has granted the interim relief in favour of the plaintiff- respondent No.1, which order has been stayed by this court. The respondents are also not present to oppose this revision application. The suit out of which this revision application is arising is also of the year 1993.

4. So the interest of justice will be served in case this revision application is disposed of in terms that the trial court shall decide the suit itself finally within a period of one year from the date of receipt of writ of this order or certified copy thereof, whichever is earlier and till the decision of the suit, the interim relief granted by this court shall continue. Rule and civil revision application stand disposed of accordingly with liberty to the respondent No.1 for revival of this revision application in case of difficulty.

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