Bhagvandas Rajumal Thavrani vs Fatemaben Wd/O Joyabbhai ...
2022 Latest Caselaw 10275 Guj

     C/SCA/9562/2022                                 ORDER DATED: 20/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 9562 of 2022

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                   BHAGVANDAS RAJUMAL THAVRANI
                              Versus
               FATEMABEN WD/O JOYABBHAI BARODAWALA
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Appearance:
MR AMIT K DAVE(5860) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3,4,5,6
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 20/12/2022
                              ORAL ORDER

Learned Advocate Mr. Amit K. Dave for the petitioner would seek

permission to withdraw the present petition, more particularly requesting

this Court to observe that the learned Trial Court deciding the Civil Suit

filed by the original plaintiffs may not be influenced by the observations of

the learned First Appellate Court in Misc. Civil Appeal No. 05 of 2020.

Having regard to such submission, the present petition is disposed of

as withdrawn.

It is clarified that the learned Civil Court taking up the proceedings of

Regular Civil Suit No. 23 of 2020 shall decide the said suit independently,

without being influenced by any of the observations made by the learned

Additional District Judge, Dahod, vide judgment and order dated

C/SCA/9562/2022 ORDER DATED: 20/12/2022

17.03.2022 in Misc. Civil Appeal No. 05 of 2020, more particularly such

observations being made for the purpose of deciding the said application

which was in the nature of an appeal against an order rejecting application

Exh.5.

Needless to clarify that any orders which may be passed by the

learned Civil Court hereinafter could be challenged by either of the parties

before appropriate forum.

(NIKHIL S. KARIEL,J) BDSONGARA