Bhavnaben Hariprasad Pandit vs Bhagwatiben Devendra Pandit
2021 Latest Caselaw 15680 Guj

     C/AO/262/2019                              ORDER DATED: 05/10/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/APPEAL FROM ORDER NO. 262 of 2019

                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                In R/APPEAL FROM ORDER NO. 262 of 2019
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                     BHAVNABEN HARIPRASAD PANDIT
                                Versus
                     BHAGWATIBEN DEVENDRA PANDIT
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Appearance:
MR DR BHATT(165) for the Appellant(s) No. 1,2
for the Respondent(s) No. 1,2,3,4,5
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA

                            Date : 05/10/2021

                             ORAL ORDER

1. By way of present AO filed under Order 43 Rule 1(r) of the CPC, the appellants - original plaintiffs challenge order dated 16.7.2019 passed below notice of motion Exh.6/7, whereby the learned Chamber Judge, City Civil Court, Ahmedabad refused to grant protection in terms of para 11(A) of the notice of motion. Thus, the dispute pertains to one property being Tenament No.16.

2. It is case of the original plaintiffs that Tenament No.16 was part of the judgment and decree passed in Civil Suit No.3360 of 1978. Having regard to the findings recorded by the learned Chamber Judge in para 5 and 6 of the impugned order, it is quite evident that Tenament No.16 was not part of the schedule of the plaint filed in earlier suit instituted by the father of the plaintiffs. Learned advocate appearing for the appellants - original plaintiffs could not dispute this finding on

C/AO/262/2019 ORDER DATED: 05/10/2021

the basis of any conjoint evidence so as to establish prima facie case in her favour.

3. In light of this position, this Court do not find any impropriety or illegality in the impugned order so as to entertain present AO, as it is devoid of merits, both on law and facts and therefore, it is hereby rejected at admission stage. Consequently connected civil application also stands disposed of.

4. It is made clear that this Court has not examined the merits of the impugned order at this stage and therefore, the learned trial Court is directed to decide the suit on its merits and in accordance with law so also as per evidence that may be adduced by the parties to the proceedings without being influenced by the observations recorded in the impugned order so also present order.

(S.H.VORA, J) SHEKHAR P. BARVE