National Insurance Company ... vs Muljibhai Punjabhai Kumbhar
2023 Latest Caselaw 5618 Guj

                                                                               NEUTRAL CITATION




     C/SA/32/2022                              ORDER DATED: 03/08/2023

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/SECOND APPEAL NO. 32 of 2022
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
                   In R/SECOND APPEAL NO. 32 of 2022
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                NATIONAL INSURANCE COMPANY LIMITED
                                Versus
                    MULJIBHAI PUNJABHAI KUMBHAR
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
MS LAKSHA BHAVNANI for MR AFTABHUSEN ANSARI(5320) for the
Respondent(s) No. 3,4,5
MS ISHA MENPARA for MR KUNAN B NAIK(3210) for the Respondent No. 7
UNSERVED EXPIRED (N) for the Respondent(s) No. 1,2
UNSERVED REFUSED (N) for the Respondent(s) No. 6
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 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                           Date : 03/08/2023

                            ORAL ORDER

1. Heard learned advocate for Maulik Shelat for the appellant and learned advocate Ms. Laksha Bhavnani for learned advocate Mr. Aftabhusen Ansari for the respondent Nos. 3 to 5 and learned advocate Ms. Isha Menpara for learned advocate Mr. Kunan B. Naik for the respondent No.7.

2. Present appeal has been filed challenging the order dated 02.09.2021 passed by learned Principal District Judge, Jamnagar in Regular Civil Appeal No. 2 of 2009, whereby, the First Appellate Court has set aside the judgment and decree dated 22.06.2006 passed by the learned 8th Additional Senior Civil Judge,

NEUTRAL CITATION

C/SA/32/2022 ORDER DATED: 03/08/2023

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Jamnagar in Special Civil Suit No. 159 of 1992 and remanded back the matter to the learned Trial Court with a direction to provide reasonable opportunity to the appellant herein, who is the original defendant No.3 to cross examine the plaintiff's witnesses and thereafter, to decide the matter within the period of six months.

3. The appellant herein filed the present appeal and by an order dated 02.02.2022, this Court had ordered that any proceedings in relation to Special Civil Suit No. 159 of 1992 before the learned Trial Court would be subject to outcome of the Second Appeal.

4. Learned advocate Mr. Maulik Shelat for the appellant submits that Special Civil Suit No. 59 of 1992 came to be partly allowed by the learned Trial Court on 09.01.2023 by the learned 7th Additional Senior Civil Judge, Jamnagar and the appellant herein is in process of filing the First Appeal before the concerned Appellate Court and as such, this appeal has, therefore, become infructuous and the same may be disposed of accordingly.

5. According to the submissions made by learned advocate Mr. Maulik Shelat for the appellant herein, this appeal has become infructuous and hence, the same stands disposed of as having become infructuous. Notice discharged.

                                                                                 NEUTRAL CITATION




        C/SA/32/2022                            ORDER DATED: 03/08/2023

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6. It is hereby made clear that this Court has not examined the merits of the present appeal. The learned First Appellate Court shall decide the appeal that may be filed by the appellant herein without being influenced by any of the order passed either by this Court or by the First Appellate Court in Regular Civil Appeal No. 2 of 2019 on 02.09.2021.

7. In view of the above order, connected Civil Application does not survive and accordingly the same stands disposed of. Notice discharged.

(S. V. PINTO,J) F.S.KAZI.....