Girdharlal Pitambar Soni vs Heirs And Legal Representatives ...
2021 Latest Caselaw 3722 Guj

          C/SA/33/2021                                           ORDER



       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/SECOND APPEAL NO. 33 of 2021
                          With
      CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
            In R/SECOND APPEAL NO. 33 of 2021
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                GIRDHARLAL PITAMBAR SONI
                          Versus
     HEIRS AND LEGAL REPRESENTATIVES OF LADHABHAI
                  LAKHMANBHAI SAVALIYA
=====================================================
Appearance:
MS VENU H NANAVATY(7458) for the Appellant(s) No. 1
 for the Respondent(s) No.
1,1.1,1.2,1.3,1.4,1.5,2,2.1,2.2,2.3,2.4,2.5
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                          Date : 03/03/2021

                                 ORAL ORDER

ORDER IN SECOND APPEAL

Issue Notice returnable on 8th April, 2021.

ORDER IN CIVIL APPLICATION

1. Draft amendment is allowed and to be carried out forthwith.

2. Heard learned Advocate Ms. Venu H. Nanavati on behalf of the appellant.

3. By way of this Second Appeal, the appellant challenges the judgment and order passed by the learned 6th Additional District Judge, Keshod dated 24th September, 2019 in Regular Civil Appeal No.11 of 2017, whereby the judgment and order passed by the learned 5th Joint Civil Judge

C/SA/33/2021 ORDER

(S.D.) Junagadh dated 23rd March, 2001 in Special Civil Suit No.110 of 1993 has been reversed.

4. Learned Advocate Ms. Nanavati draws attentions of this Court to an application dated 24th September, 2019 whereby it was requested of the Appellate Court to stay the impugned judgment and order for a period of 60 days for filing of Second Appeal before this Court. It appears that the appellate Court vide order of the same date i.e 24th September, 2019 had allowed the said application and had kept the impugned judgment and order passed by the Appellate Court in abeyance for a period of 60 days.

5. Learned Advocate Ms. Venu Nanavati also submits that the present appeal as well as the application for stay had been preferred in the month of November, 2019 and whereas inspite of the best efforts of the learned Advocate, the appeal as well as accompany stay application could not be taken up.

6. Considering the same, Issue Notice returnable on 8th April, 2021. Status Quo as existing today shall be maintained by the parties.

(NIKHIL S. KARIEL,J)

Pallavi