Citation : 2021 Latest Caselaw 13719 Guj
Judgement Date : 9 September, 2021
C/FA/4539/2018 IA ORDER DATED: 09/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/FIRST APPEAL NO. 4539 of 2018
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TEJAS GIRISH PANCHAL Versus CHETNABEN ARVINDBHAI PANCHAL ========================================================== Appearance:
for the PETITIONER(s) No. MR MS TRIVEDI for the PETITIONER(s) No. MR A A ZABUAWALA for the RESPONDENT(s) No. ==========================================================
CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA and HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 09/09/2021
IA ORDER (PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)
1. The interim relief, which is sought to be prayed in the present Civil Application, is the very same relief that was prayed earlier in the Civil Application No.1 of 2018. A Co-ordinate Bench of this Court rejected the said application thereby declining to grant such relief vide order dated 08.09.2020. The order reads thus:-
"The present appeal is directed against the judgment and decree dated 4.10.2018 passed by the learned Family Judge, Dahod whereby the petition for divorce filed by the appellant is dismissed. Considering the above facts, no stay can be granted. Present Civil Application is disposed of."
2. In view of the afore-said, we see no good ground to once- again look into the very same interim relief, which was earlier declined. We may observe at this stage that the husbnad having lost
C/FA/4539/2018 IA ORDER DATED: 09/09/2021
before the Family Court in seeking appropriate declaration as regards the status of his marriage is not entitled to any interim relief. It does not make any sense to pray for such relief. The Civil Application is accordingly rejected.
(J. B. PARDIWALA, J)
(VAIBHAVI D. NANAVATI,J) A. B. VAGHELA
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