Yasin Abdulgafur Kamalji ... vs Iqbalbhai Ganibhai Biyawarvala
2023 Latest Caselaw 35 Guj

       C/SCA/3877/2022                           ORDER DATED: 02/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 3877 of 2022

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                  YASIN ABDULGAFUR KAMALJI BIYAWARVALA
                                 Versus
                     IQBALBHAI GANIBHAI BIYAWARVALA
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Appearance:
MR JF MEHTA(461) for the Petitioner(s) No. 1
VASIM MANSURI(8824) for the Respondent(s) No. 1,2
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     CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 02/01/2023

                              ORAL ORDER

1. Heard learned advocates for the respective parties. Perused the

record.

2. Challenge in this petition is to the interim order passed below

Exh.7 in Regular Civil Suit No.53 of 2021, by which, the petitioner

is directed to deposit the amount of Rs.2,094/- as mesne profit.

Pending appeal before the Bench of Small Causes Court,

Ahmedabad, admittedly, the petitioner, due to pendency of this

petition is depositing the amount of before the appellate Court. In the

appellate Court, the judgment and decree arising out of HRP Suit

C/SCA/3877/2022 ORDER DATED: 02/01/2023

No.772 of 2014 dated 20.11.2021 is under challenge and the decree

of eviction against the respondent is stayed subject to the deposit as

per the impugned order.

3. The Bench of the Small Causes Court is directed to decide

RCS No.53 of 2021 preferably within a period of four months from

the date of receipt of copy of this order. The petition stands disposed

of with the aforesaid direction.

4. It is made clear that this Court has not entered into the merits

of the matter and the Bench of Small Causes Court shall decide the

issue in question on merits considering all the contentions which

may be raised by the respective parties before the Court.

(BIREN VAISHNAV, J) VATSAL