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

Suit  No.330  of  2017  from  the  Court  of  the  16th

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

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

the  16th 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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