Disposed

Kanjibhai Dalsukhbhai Solanki v. Rajubhai Ranchhodbhai Sampat

Gujarat HC13 Jun 2018SCA/10768/2004

Case brief

AI extract

What is this about?

High Court of Gujarat disposed of a special civil application after petitioner's counsel was absent. It directed the trial court to expedite the pending suit and left the question of cost implementation open for the final trial determination, vacating interim relief.

What did the court decide?

Order to pay costs left open for trial court; suit to be disposed expeditiously; rule discharged; interim relief vacated.

1.This petition was listed for hearing on 11.06.2018 on which date, learned counsel for the petitioners Mr. Taresh J. Bhattji was absent. Hence, the petition was listed for hearing today. Even today on two calls learned counsel for the petitioner has remained absent. Mr. Kashyap R. Joshi appears for the respondent.

2.The petitioners were the original plaintiffs who have filed Regular Civil Suit No.625 of 1999 before the Civil Judge(JD), Vadodara. The petitioners also filed an application below Exhibit 5 seeking interim injunction which was partly allowed by the Trial Court. Both plaintiffs/petitioners herein and defendants /respondents herein, preferred Civil Misc. Appeal No. 284 of 1999 and Civil Misc. Appeal No. 294 of 1999 respectively. The learned Judge in the

Civil Misc. Appeal preferred by the petitioners granted ad interim injunction with the condition that respondents are directed to maintain status quo. The Court further directed petitioners- original plaintiffs/appellants that as the hearing of the appeal is delayed and they shall have to bear costs of Rs. 5000/-. The Court vide order dated 06.12.1999 directed the petitioners to file an undertaking in that regard. The District Judge dismissed both the appeals with observations that since suit related to construction of the property, it be expedited. The appeals were dismissed with the observation that both the parties to bear their own costs.

3.Execution Application being Darkhast No.100 of 2000 was filed by the respondent-original defendant for execution of the interim order that the petitioner/plaintiff who had given the undertaking to pay Rs. 5000/- as costs should be directed to pay such costs. The petitioners filed objection. However, vide order dated 26.07.2004 such objections were rejected and the petitioners were directed to pay Rs. 5000/- as costs.

4.Mr. Kashyap Joshi learned counsel for the respondents,onwhosebehalfexecution application was filed and the order directing to pay costs was in favour of his clients states that, he has instructions that the suit has been expedited, and in all possibilities is pending

for judgment. Hence, no useful purpose will be served in executing the order of costs at the interim stage. He has further stated that if the Court so observed that the subject matter of the costs as directed by the order dated 26.07.2004 below Exhibit 1 in Execution Petition No.100 of 2000 is left open to decide with the outcome of the suit, it will serve the ends of justice.

5.In view of the above statements, I think it fit to dispose of the petition with the direction that the question of implementation of payment of costs of Rs.5000/- as decided by the order below Exhibit 1 in Execution Petition No.100 of 2000 be left open for the Court below to decide while considering the suit finally.

6.The Civil Judge(JD) Vadodara shall decide the Regular Civil Suit No. 625 of 1999 pending before it as expeditiously as possible preferably within one year from the date of receipt of the writ of the order of this Court. The question whether the plaintiffs should be directed to pay costs of Rs.5000/-, in view of the undertaking given in the interim application, shall be considered by the Trial Judge while disposing of the suit finally. The petition is disposed of with the aforesaid direction. Rule is discharged. Interim relief stands vacated.

Kanjibhai Dalsukhbhai Solanki v. Rajubhai Ranchhodbhai Sampat

Case brief

What is this about?

What did the court decide?

Kanjibhai Dalsukhbhai Solanki v. Rajubhai Ranchhodbhai Sampat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajendra Alias Rajan Vs Heirs of Deceased Jayram Gangadhar Joshi

Premjibhai Kanjibhai Prajapati Vs Haribhai Jivrajbhai Gohil

Jetpur Jimkhana Thro Secretary Vs Kanu Bhaktiram Bavaji

Sarojben Lalitbhai Avalani Vs Jayeshbhai Amrutlal Brahmbhatt

Sushilaben B Shah Vs Premaben Buddising Gupta Since Deceased through Legal Heirs

Rana Project International Limited Vs Gayatri Polymers and Geosynthetics