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Judgment
K.S. Jhaveri, J.—By way of present appeal from order, the Appellants ave inter alia prayed for quashing and setting aside the impugned order dated 01st December 2004 passed by the City Civil Judge, Ahmedabad, below application Exhibit 7 in Regular Civil Suit No. 2561 of 2004.
When present appeal from order came up for admission hearing on 24th April 2006, this Court (Coram: K.M. Mehta, J) has admitted the appeal from order and no stay has been granted in favour of the Appellant till date.
On earlier occasion when the present appeal from order was listed for final hearing on 21st March 2011, this Court passed the following order:
Earlier this matter was called out on 21st February 2011. Again it was listed for hearing on 10th March 2011 and thereafter, adjourned to today.
However, none appears on behalf of the learned advocate for the Appellant. It is pertinent to note that the ad interim relief granted by the trial Court has been continued from 01st December 2004. Therefore, it will not be appropriate to disturb the same almost after a period of six years.
Hence, in the interest of justice, as a last chance, the matter is adjourned to 04th April 2011. It is made clear that if on the next date of hearing the learned advocate for the Appellant does not appear before this Court, the matter will be dismissed for default.
Registry is directed not to list the Civil Application for stay on Board since the same has already been disposed of.
Even today, none appears on behalf of the Appellants.
Having considered the contentions raised in the appeal from order and on perusal of the impugned order and in view of aforesaid facts and circumstances of the case, it transpires that this Court has passed an order admitting the appeal from order in the year 2006 and no stay has been granted till date and the impugned order has been operating even today. In that view of the matter, the parties will be governed by the impugned order passed by the trial Court till final disposal of the suit proceedings. In the meantime, if an application is moved by either of the parties before the trial Court for expediting the suit proceedings, the trial Court will consider the same and will dispose of the suit proceedings as expeditiously as possible. The Appeal From Order stands disposed of accordingly. No order as to costs.
It is made clear that this Court has not expressed any opinion on merits of the matter. It is also clarified that the trial Court will not be influenced by the observations made by it in the impugned order as well as by this Court while admitting the appeal from order.