C/AO/104/2025 ORDER DATED: 11/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/APPEAL FROM ORDER NO. 104 of 2025 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/APPEAL FROM ORDER NO. 104 of 2025 ========================================================== THAKKAR NAINESHBHAI RAMANBHAI Versus LAXMANBHAI RAHABHAI BHARVAD ========================================================== Appearance: MR JAY SNEHAL SHAH(13391) for the Appellant(s) No. 1 MR SP MAJMUDAR(3456) for the Appellant(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 11/06/2025 ORAL ORDER 1. Heard learned advocate Mr.S.P.Majmudar with learned advocate Mr.Jay Snehal Shah for the appellant. 2. After arguing for some time, under the instruction of his client, learned advocate Mr.S.P.Majmudar does not press the present application. 3. Nonetheless, there are other co-sharers in the suit land and due to injunction operating in favour of the plaintiff, the development of the land by other co-sharer would be affected and defendant by now become senior citizens, if defendant requests the trial Court for expeditious hearing of the suit, the same may be ordered to be considered by the Trial Court. 4. Permission as sought for is granted. It is open for C/AO/104/2025 ORDER DATED: 11/06/2025 the defendant to request the Trial Court for expediting the hearing of the suit by filing necessary application with particulars and if parties to the suit is ready and willing to extent their cooperation and conduct the trial without further delay, the Trial Court may accept such request. 5. If it is filed, endevour may be made by all concerned that suit can be decided by the trial Court within one year from such acceptance of request. Even otherwise, the suit is of the year, 2019 and by now, defendant became senior citizen aged about 64 years as reported to this Court. 6. It is made clear that this Court has neither gone into nor examined the merits of the matter. It also goes without saying that Trial Court is required to decide the lis between the parties without being influenced by the order impugned in the present appeal, albeit, evidence coming forth on record of the suit in accordance with law. 7. With the aforesaid observation and direction, the present appeal from order is disposed of as withdrawn. No order as to costs. (MAULIK J.SHELAT,J) MOHD MONIS Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MOHD MONIS(HC01900), PRIVATE SECRETARY, at High Court of Gujarat on 11/06/2025 14:45:04