Judgment · High Court · 2026

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 18/08/2026 ORAL ORDER

#1. Heard Mr.Abhiraj Trivedi, learned advocate for the petitioners.

#2. The present petition is 3led under Article 227 of the Constitution of India, seeking the following reliefs: “A. Your Lordships may be pleased to admit and allow this petition; B. Your Lordships may be pleased to issue a writ of mandamus or certiorari or any other appropriate writ, order or direction by giving direction to the Ld. Fourth Additional Civil Judge, Surat to expedite the hearing of Regular Civil Suit No.114 of 2023 at Annexure-A to this petition preferably within a period of 3 months or within stipulated time period or as may be deemed +t by this Hon'ble Court, in the interest of justice; C. Pending admission, hearing and +nal disposal of this petition, Your Lordships may be pleased to direct the Ld. Fourth Additional Civil Judge, Surat to expedite the hearing of Regular Civil Suit No.114 of 2023 at Annexure-A to this petition preferably within a period of 3 months or within stipulated time period or as may be deemed +t by this Hon'ble Court, in the interest of justice; C/SCA/11532/2026 ORDER DATED: 18/08/2026 D. Pending admission, hearing and +nal disposal of this petition, Your Lordships may be pleased to pass an order of status-quo with respect to the plots in question as mentioned in the Regular Civil Suit No.114 of 2023, pending before the Ld. Fourth Additional Civil Judge, Surat;”

#3. At the outset, Mr.Trivedi, learned advocate would candidly submit that no formal application was 3led before the trial court for expediting the hearing of the injunction application and/or suit but an oral request was always made.

3.1 Mr.Trivedi, learned advocate would submit that due to encroachment made by the respondent in the site of the school which is in possession of and run by the petitioners, the need arises for the early adjudication of the injunction application and/or the suit may also be decided within the stipulated time and for such reason, the present petition is 3led.

#4. Having heard Mr.Trivedi, learned advocate for the petitioners and considering the fact that the suit in question appears to have been 3led in the year 2023 and till date, the injunction application appears to have been pending before the trial court as submitted by Mr. Trivedi, learned advocate for the petitioner. Ordinarily, the Civil Court is required to hear and decide the injunction application as expeditiously as possible otherwise the purpose of 3ling the injunction application would get frustrated.

#5. Without further observing on the merits, it is directed to the trial court to hear and decide the injunction application so C/SCA/11532/2026 ORDER DATED: 18/08/2026 3led by the petitioner in Regular Civil Suit No. 114 of 2023 as early as possible, preferably within three months from the date of receipt of the copy of this order, after giving an opportunity of hearing to the parties.

#6. So far as expediting the trial of the suit is concerned, it is open for the parties to request the trial court in this regard. As and when such request is made, the trial Court may consider such application, in accordance with law.

#7. In view of the aforesaid observation and direction, the present petition is disposed of. Direct service is permitted. GAURAV J THAKER (MAULIK J. SHELAT, J) Original copy of this order has been signed by the Hon'ble Judge.