Promoters Of Shri Arihant Co. Op. ... vs Legal Heirs Of Decd. Amadbhai ...
2021 Latest Caselaw 3056 Guj

            C/SCA/4956/2020                                            ORDER



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 4956 of 2020
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 PROMOTERS OF SHRI ARIHANT CO. OP. HOUSING SOCIETY (SUCHIT)
                ARVINDBHAI SHANTILAL MEHTA
                            Versus
          LEGAL HEIRS OF DECD. AMADBHAI BHURABHAI
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Appearance:
MR TEJAS P SATTA(3149) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,1.1,1.2,1.3,1.4,2,3,4
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 CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                Date : 22/02/2021
                                 ORAL ORDER

The matter is taken up through video conference. Learned advocate Mr. Tejas P Satta for the petitioner has submitted that the petitioner is the original plaintiff who has filed the amendment application before the learned trial Court. Meanwhile, the defendant has also filed rejection of the plaint under Order 7 Rule 11 of CPC. Therefore, the present petitioner has requested the learned trial Court for early hearing of amendment application as per the judgments held by the Punjab, Haryana and Delhi High Courts coupled with the judgments of Hon'ble Supreme Court that under the aforesaid premises, first amendment application is required to be heard but the same has not been considered by the learned trial Court.

The matter requires consideration, issue NOTICE returnable on 06.05.2021.

Petitioner is at liberty to move before the trial Court for seeking adjournment application and the learned trial Court shall decide the application keeping in mind the pendency of the present petition.

(A. C. JOSHI,J) Radhika