Kanubhai Anandji Mistri vs Heirs Of Decd. Maganbhai ...
2022 Latest Caselaw 6301 Guj

     C/SCA/12109/2022                               ORDER DATED: 14/07/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 12109 of 2022

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                           KANUBHAI ANANDJI MISTRI
                                    Versus
                    HEIRS OF DECD. MAGANBHAI ANANDJIBHAI
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Appearance:
MR. MR BUKHARI(6919) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,1.1,1.2,1.3,1.4,2,3,4
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  CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
              Date : 14/07/2022 ORAL ORDER

Mr.M.R.Bukhari, learned advocate for the petitioner seeks permission to withdraw this petition at this stage.

However, he has submitted that as observed by the learned Judge in an impugned order at para-6 that anything which is beyond the scope of the pleadings mentioned in affidavit in lieu of examination in-chief, the Court can order to strike out the same at the time of conclusion of the suit.

As such, in para-7, the Court has concluded that at that stage objectionable part form the affidavit in lief of examination in-chief cannot be ordered to be struck out and therefore, the impugned order has come to be passed rejecting the application.

At the same time, learned Judge may consider this very objection at the time of concluding the proceedings and while delivering the judgment as observed by him in the impugned order.

Permission, as prayed for, is granted. This petition stands disposed of as withdrawn.

(UMESH A. TRIVEDI, J) ASHISH M. GADHIYA