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Judgment
M.D. Shah, J.—Heard learned advocates for the respective parties. It is jointly submitted by learned advocates for the respective parties that if necessary direction is given to learned Trial Court to dispose of the Special Civil Suit No. 473 of 2002 within stipulated time by continuing the order dated 13.04.2007 passed by this Court in Civil Application No. 4878 of 2007 in Appeal from Order No. 117 of 2007 till final disposal of the Suit, then, they do not invite any reasoned order. It is assured by learned advocates appearing for the respective parties that that they will give full cooperation for expeditious disposal of the suit. This Court in Civil Application No. 4878 of 2007 on 13.04.2007 passed following order :
Rule. Ms. K.T. Mehta, learned Senior Counsel appearing with learned advocate Mr. Balram D. Jain, waives service of Rule on behalf of the respondent.
Heard the learned advocates.
Learned advocate for the respondent herein could not point out as to how and by virtue of which document the respondent is put in possession of the land bearing survey Nos. 210 and 209/2 of village Vanz, Tal. Choryasi, District Sub-District Surat, admeasuring 15682 square meters, which constitutes Block No. 223. The respondent has produced a Kabja receipt at page Nos. 53 and 55 of the paper book supplied by the respondent. But in that Kabja receipt only land bearing survey Nos. 198 paiki, 199/1, 199/2, 197/1, 201, 102 and 205 which is block No. 214 is referred to. The non-mention of Block No. 223 is conspicuous. In view of that the possession of block No. 223 can not be presumed to be with the respondent.
Besides, that on page No. 56, one Kabulatnama is also produced, wherein also revenue survey numbers which constitute Block No. 214 are mentioned and the survey numbers constituting Block No. 223 are not mentioned. In view of that the order passed by the learned 4th Additional Civil Judge (S.D.), Surat, below Exh. 5 in Special Civil Suit No. 473 of 2002 is modified. The same should be read restricted to Block No. 214 only and not qua Block No. 223.
With the aforesaid modification of the order, this Civil Application is disposed of Rule is made absolute to the aforesaid extent.
Under the circumstances, order dated 13.04.2007 passed by this Court in Civil Application No. 4878 of 2007 in Appeal from Order No. 117 of 2007 is hereby continued till final disposal of suit.
Learned Principal Senior Civil Judge, Surat is hereby directed to dispose of Special Civil Suit No. 473 of 2002 preferably within a period of one year from the date of receipt of present order. It is clarified that learned Trial Court will dispose of the Suit in accordance with law and without being influenced by the order passed by this Court today. In view of above, the Appeal from Order is disposed of.