Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 8708/2018
(ARISING FROM SLP(C) No(s).21259/2018)
SURAJ PRAKASH BHAGAT APPELLANT(S)
VERSUS
BHAVESHBHAI NARESHCHANDRA AMIN & ORS. RESPONDENT(S)
J U D G M E N T
KURIAN, J.
Leave granted.
2. The appellant is before this Court, aggrieved by
the order dated 24.07.2018 passed by the High Court
of Gujarat at Ahmedabad in Appeal from Order No.86 of
2018. The High Court vacated the interim order of
injunction granted in Special Civil Suit No.330 of
2017.
3. We are informed that Respondent No.3 herein has
moved an application for transfer of Special Civil
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Suit No.330 of 2017 from the Court of the 16
Additional Senior Civil Judge, Vadodara to some other
Court.
4. Having heard the learned counsel for the parties
extensively, we are of the view that the litigations
Signature Not Verified
Digitally signed by
NARENDRA PRASAD
Date: 2018.08.29
14:26:53 IST
Reason:
regarding transfer, interim arrangement to be made
during the pendency of the trial etc. are to be put
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an end to, for the purpose of the smooth progress of
the trial and it is agreeable to both the sides.
5. Accordingly, this appeal is disposed of as
follows:-
i) All the adverse observations made
by the High Court in the impugned order dated
24.07.2018 against the Trial Judge are
expunged.
ii) The Principal District Judge,
Vadodara, is directed to transfer the Special
Civil Suit No.330 of 2017 from the Court of
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the 16 Additional Senior Civil Judge,
Vadodara to an appropriate Court, forthwith.
The Court to which the Civil Suit is thus
transferred is directed to conclude the trial
expeditiously.
iii) The parties are directed to
maintain status quo with regard to the title
of the property during the pendency of the
Civil Suit. However, it is made clear that
in case Respondent Nos.1 and 3 herein seek to
transfer the property, it will be open to
them to approach the Trial Court in that
regard, in which case such applications will
be considered on their own merits.
Needless also the say that the
Civil Suit shall be tried uninfluenced by any
of the observations and findings of the Trial
Court and the High Court.
6. The appeal is, accordingly, disposed of.
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7. Pending applications, if any, shall stand
disposed of.
8. There shall be no orders as to costs.
.......................J.
[KURIAN JOSEPH]
.......................J.
[SANJAY KISHAN KAUL]
NEW DELHI;
AUGUST 27, 2018.
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