Dhansukhbhai Bhagubhai Patel vs Sushilaben Ratilal Bhakta
2022 Latest Caselaw 8414 Guj

      C/SCA/14155/2014                            ORDER DATED: 23/09/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 14155 of 2014

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                    DHANSUKHBHAI BHAGUBHAI PATEL
                                 Versus
                  SUSHILABEN RATILAL BHAKTA & 2 other(s)
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Appearance:
MR DHIRENDRA MEHTA(458) for the Petitioner(s) No. 1
MR AMIT V THAKKAR(3073) for the Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 3
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     CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                            Date : 23/09/2022

                              ORAL ORDER

1. This petition is filed under Article 227 of the Constitution of India by the petitioner - plaintiff challenging the order passed below Exhibit -5 refusing injunction in Regular Civil Suit No.3 of 2013 by the Principal Senior Civil Judge, Kathor, which came to be confirmed by the 05th Additional District Judge, Surat in Misc. Civil Appeal (Appeal from Order) No.37 of 2014 vide judgment and order dated 03.07.2014.

2. It is submitted by the learned advocates for the appearing parties that the recording of evidence on behalf of the plaintiff has already commenced. At the same time, since the filing of the suit, there was no ex parte ad interim injunction granted, even application Exhibit -5 came to be rejected as also the said order was confirmed in Appeal.

3. While issuing notice in this petition, which is filed in the year 2014, no interim order was passed. Therefore, I see no reason to

C/SCA/14155/2014 ORDER DATED: 23/09/2022

entertain this petition, in view of the fact that recording of evidence is already started and since no injunction is granted for about 09 years by now, this petition is rejected.

4. It is made clear that this Court has not gone into the merits of the case of the either side. Notice is discharged.

(UMESH A. TRIVEDI, J) Lalji Desai