Mayur Lakhamsinh Patariya ... vs Nayan Charandas (Swali) Bhatiya

          C/SA/197/2020                                    ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                  R/SECOND APPEAL NO. 197 of 2020
                               With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                 In R/SECOND APPEAL NO. 197 of 2020
==========================================================
            MAYUR LAKHAMSINH PATARIYA (MEGHWAR)
                            Versus
           NAYAN CHARANDAS (SWALI) BHATIYA & 2 other(s)
==========================================================
Appearance:
HUNAIZA H QURESHI(8903) for the Appellant(s) No. 1
MR. EKRAMA H QURESHI(7000) for the Appellant(s) No. 1
for the Respondent(s) No. 2
MR JAYANT P BHATT(169) for the Respondent(s) No. 1,3
MR JEET J BHATT(6154) for the Respondent(s) No. 1,3
==========================================================
 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
                   Date : 04/01/2021
                    ORAL ORDER

Order in Second Appeal :­ Heard Mr.Ekrama Kureshi, learned advocate for the appellant and learned advocate Mr.Jayant P. Bhatt with Mr.Jeet Bhatt, learned advocate appears on caveat for opponent nos.1 and 3.

Notice to the respondent no.2 returnable on 08th February, 2021. Second appeal is admitted considering the following substantial questions of law. Learned advocate Mr.Jayant P. Bhatt waives service of notice of admission for and on behalf of the opponent nos.1 and 3.

"(A) Whether the Court below was right in rejecting the plaint and the suit under Order 7 Rule 11 (a) and (d) and whether the impugned orders passed are sustainable in law.

            (B)      Whether the Court below exceeded its jurisdiction by


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            C/SA/197/2020                                     ORDER

going into the title of the plaintiff and appreciating the evidence under narrow jurisdiction conferred by Order 7 Rule 11 (a) of CPC."

Order in Civil Application :­ Heard Mr.Ekrama Kureshi, learned advocate for the appellant and learned advocate Mr.Jayant P. Bhatt with Mr.Jeet Bhatt, learned advocate appears on caveat for opponent nos.1 and 3.

Second appeal is admitted by the order of even date. Notice to the respondents returnable on 08th February, 2021. Learned advocate Mr.Jayant P. Bhatt waives service of notice for and on behalf of the respondent nos.1 and 3.

Notice to the respondent no.2 returnable on 08th February, 2021. No coercive steps shall be taken pursuant to the judgment and order dated 19.02.2020 passed in Regular Civil Appeal No.151 of 2019 by the learned Additional District Judge, Bhuj­Kachchh. In the meantime, the parties are directed to complete proceedings before the next date of hearing.

To be listed for final disposal on 08th February, 2021.

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