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Judgment
K.S. Jhaveri, J.—This appeal from order is directed against the order dated 27.08.2007 passed by the Chamber Judge, City Civil Court No. 5, Ahmedabad below Notice of Motion in Civil Suit No. 172 of 2007 whereby the Notice of Motion filed by the opponent Nos. 1 to 5 seeking temporary injunction against the Defendants restraining them from carrying out any kind of construction on the suit land bearing Sub-plot No. C and D of Survey No. 333 Paiki, Plot No. 81, T.P. Scheme No. 10, situated at Rakhial, Ahmedabad wihout the permission of the Ahmedabad Municipal Corporation and the Charity Commissioner, during the pendency of the suit was allowed by the learned Judge.
The facts of the case are that the opponent Nos. 1 to 5 (original Plaintiffs) had instituted a Civil Suit No. 172 of 2007 against the present Appellants and the present opponents No. 6 to 8 before the City Civil Court at Ahmedabad seeking a declaration that the leasehold agreement dated 22.10.1962 is null and void and present opponent Nos. 6 to 9 have no right to transfer or alienate the suit property neither to the present Appellants not to anyone else. The Notice of Motion filed by the opponents in the Civil Suit No. 172 of 2007 was allowed vide order dated 27.08.2007 by the learned City Civil Judge, Chamber Court. Hence, this Appeal From Order.
This Court (Coram: D.N. Patel, J.) on 11.12.2007 passed the following order in Appeal From Order and in Civil Application which reads as under:
Appeal is admitted. The Appeal from Order is fixed for final hearing on 24th January, 2008.
Order in Civil Application
Having heard the learned advocates for both the sides and looking to the facts and circumstances of the case, the execution, operation and implementation of the order dated 27th August, 2007 below Notice of Motion exhs. 6 and 7 in Civil Suit No. 172 of 2007 passed by the Chamber Judge, City Civil Court No. 5, Ahmedabad is hereby stayed till the final disposal of Appeal from Order mainly for the reason that looking to the lease agreement between lessor and Defendant Nos. 1,2 and 3 as well as looking to the lease agreement between original Defendant Nos. 1,2 and 3 and Defendant Nos. 4 to 11 and especially looking to clause Nos. 9 and 16 of first lease of original owner and Defendant Nos. 1 to 3, there is a prima facie case in favour of the original Defendant Nos. 4 to 11. Balance of convenience is also in favour of the original Defendant Nos. 4 to 11 and irreparable loss will be caused to the original Defendant Nos. 4 to 11, if the stay as prayed for is not granted. Hence, the execution, operation and implementation of the order dated 27th August, 2007 below Notice of Motion exhs. 6 and 7 in Civil Suit No. 172 of 2007 passed by the Chamber Judge, City Civil Court No. 5, Ahmedabad is hereby stayed till the final disposal of Appeal from Order.
Heard the learned advocates for the respective parties. As a result of hearing of this exercise and in view of the fact that suit is of the year 2007, if the present appeal from order is decided on merits, it may prejudicially affect the contentions of either parties and also in view of the fact that interim relief is granted by this Court is continued till today, interest of justice would be met by passing the following order:
If the Appellants make an application before the trial Court for expediting the suit, the trial Court will consider the same and take up the matter on day-to-day basis and decide the suit as expeditiously as possible. The interim relief granted by this Court will continue till the disposal of the suit.
With the above observation, the Appeal From Order stands disposed of.