ORDER :

1. Heard Mr. K.V. Shelat, learned advocate appearing for the applicant and Mr. Kamal Trivedi, learned Advocate General appearing for Mr. G.H. Virk, learned advocate appearing on caveat for the opponent No.8.

2. The revisionist – applicant herein is the original plaintiff having preferred HRP Suit No.110 of 2022 before the learned Small Causes Court, Ahmedabad, for declaration as a tenant and injunction that the possession of the plaintiff tenant should not be disturbed or dispossessed without following due process of law. Ad-interim relief came to be granted in the said proceedings below Exh.6 of maintaining status-quo qua the suit property, which has continued. The defendants – opponents herein gave Exh.30 application under Order VII Rule 11 of the Code of Civil Procedure, 1908 containing that the learned Small Causes Court does not have jurisdiction to grant relief and that, the suit be rejected. On behalf of the revisionist - plaintiff, the advocate for the plaintiff submitted arguments; both for Exh.6 interim injunction application and application below Exh.30 under Order VII Rule 11 of the Code of Civil Procedure, 1908.

2.1 On 20.12.2022, the defendant’s advocate applied for adjournment for production of citations. The matter came to be adjourned from time to time continuing the ad-interim relief granted below Exh.6. On 15.03.2023, an application came to be filed seeking adjournment by the learned advocate for the revisionist in view of viral throat infection. While granting adjournment, the ad-interim relief granted below Exh.6 came to be vacated by order dated 15.03.2023. The revisionist approached the learned Small Causes Court to continue the status-quo till the revisionist approach the appellate forum challenging the said order. Learned Small Causes Court extended the status-quo till 23.03.2023 to facilitate the revisionist to approach the appellate forum. On 23.03.2023, learned Appellate Bench of the Small Causes Court, Ahmedabad, below Exh.7 granted ex-parte interim injunction. In the meantime, the opponent No.8 herein preferred an application for being joined as a necessary and proper party in AFO No.2 of 2023, which came to be allowed by the learned Appellate Bench. The learned Appellate Bench of the Small Causes Court by the impugned order dated 04.05.2024 vacated the ex-parte ad-interim injunction granted on 23.03.2023 below Exh.7.

2.2 Being aggrieved and dissatisfied by the said order vacating the interim relief, the revisionist has approached this Court under Section 29(2) of the Gujarat Rent Act by preferring the captioned Civil Revision Application for the following reliefs:

“A. The Honourable Court be pleased to admit the present Civil Revision Application and be pleased to allow the same after considering the record and proceedings of the case, by quashing and setting aside the Order dated 04.05.2024 passed by the Ld. Appellate Bench of the Small Causes Court at Ahmedabad in Appeal from Order No. 2 of 2023 by the Ld. Appeal Bench Small Causes Court Ahmedabad @ ANNEXURE-B in the interest of justice and be pleased to continue the status quo in respect to the Suit property and directing the Ld. Trial Court to hear and decide the pending applications at the earliest.

B. Pending admission, hearing and final disposal of the revision application, the Hon'ble Court be pleased to stay the execution, Implementation, and operation of the impugned Order dated 04.05.2024 @ ANNEXURE-B passed by Ld. Appellate Bench of Small Causes Court Ahmedabad in AFO no. 2 of 2023 in the interest of justice.

C. The Hon'ble Court be pleased to direct the parties to maintain the status quo with regard to the suit property which relief was in operation all through out.

D. The Hon'ble Court be pleased to be pleased to grant such other and further relief/s, in the interest of justice.”

3. Mr. K.V. Shelat, learned advocate appearing for the revisionist, submitted that ex-parte ad-interim relief which has continued since 07.04.2022 i.e. the