Haribhai Bhurabhai Patel (Decd) ... vs Patel Jyotindrakumar ...
2022 Latest Caselaw 356 Guj

       C/SA/279/2012                               ORDER DATED: 11/01/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/SECOND APPEAL NO. 279 of 2012

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     HARIBHAI BHURABHAI PATEL (DECD) THROUGH LEGAL HEIRS & 1
                             other(s)
                              Versus
               PATEL JYOTINDRAKUMAR NAROTTAMDAS
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Appearance:
MR UM SHASTRI(830) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6,2
MR RJ GOSWAMI(1102) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1
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 CORAM:HONOURABLE DR. JUSTICE A. P. THAKER

                               Date : 11/01/2022
                                ORAL ORDER

1. Heard learned advocate Mr.U.M.Shastri for the appellants and

learned advocate Mr.R.J.Goswami for the respondent-original

plaintiff through video conferencing.

2. Learned advocate Mr.R.J.Goswami for the plaintiff, under

instructions, seeks permission to withdraw the suit itself as this

appeal is in continuation of the suit proceedings.

3. Hence in view of that, as the Regular Civil Suit No.58 of 1997

of the Civil Judge, Junior Division, Lunawada is withdrawn by the

learned advocate for the plaintiff, the same stands disposed of as

C/SA/279/2012 ORDER DATED: 11/01/2022

withdrawn and accordingly the judgment and decree passed in the

said suit including the consequential order passed by the First

Appellate Court in Regular Civil Appeal No.16/2006 are also hereby

set aside.

4. In view of the above, present Second Appeal also stands

disposed of as withdrawn. No order as to costs. Interim relief, if any,

stands vacated. The Trial Court as well as the First Appellate Court

be informed accordingly. Record and Proceedings, if any, to be sent

back to the concerned Courts forthwith.

(DR. A. P. THAKER, J) URIL RANA