Ratanlal Agarwal Ladasariya v. Vikas Sanghi,

THE HON'BLE SRI JUSTICE DILIP B. BHOSALE CIVIL REVISION PETITION Nos.695, 713 & 724 OF 2015 P.C:

Learned counsel for the petitioners does not press these Civil Revision Petitions on merits and submits that the petitioners would be satisfied, if the Court below is directed to decide the interim applications filed in these revisions seeking stay of execution of the proceedings pending the hearing and final disposal of their appeal suits.

I have perused the order, dated 16.02.2015, which reads thus:

"The petitioner's counsel filed a memo stating that in view of the boycott call given by advocates the petition vide I.A.No.92 of 2015 could not have been argued and the respondent may move the trial Court for execution of the decree and if Execution is ordered the very purpose of filing the petition and appeal would be defeated. In fact respondent/representative of respondent is present in the Court and opposed the memo. Advocates are abstaining from the work. Therefore, no order on merits can be passed in the I.A. Since there is boycott call given by Advocates till 20.02.2015, the petition is adjourned to 24.02.2015. Till then, there shall be status quo and petitioner shall advance arguments in I.A. on 24.02.2015. Under no circumstances the above order will be extended. Both shall get ready on 24.02.2015."

Keeping this order in view, learned counsel for the petitioners submits that the Court below may be directed to allow the petitioners to argue their cases in-person, if their Advocate/s do not appear in view of the boycott call given by the Advocates and till then the order of status quo be continued.

Having regard to the order, dated 16.02.2015, and considering the overall facts and circumstances of the case, I am satisfied that the following order shall meet the ends of justice. i) The order of status quo granted by order, dated 16.02.2015, shall remain operative, if the petitioners are in possession of the suit premises even today, till 20.03.2015. It is made clear that this Court has not examined merits of the case or extended the order of status quo on merits. The Court below shall consider the cases on merits in accordance with law.

ii) The Court below shall hear the Advocate/s for the petitioners or the petitioners in-person and pass appropriate orders on the interim applications on or before 20.03.2015.

With these observations, the Civil Revision Petitions are disposed of.

The Miscellaneous Petitions filed in these Civil Revision Petitions shall stand disposed of.

________________________ DILIP B. BHOSALE, J 06.03.2015 KH