Maheshbhai Chaganlal Patel vs Jarinben Nausheerbhai Dalal
2023 Latest Caselaw 4352 Guj

      C/AO/100/2023                                 ORDER DATED: 12/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/APPEAL FROM ORDER NO. 100 of 2023

                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
                 In R/APPEAL FROM ORDER NO. 100 of 2023
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                      MAHESHBHAI CHAGANLAL PATEL
                                 Versus
                      JARINBEN NAUSHEERBHAI DALAL
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Appearance:
MR PARTH S AGRAWAL(11799) for the Appellant(s) No. 1
for the Respondent(s) No. 1,10,11,12,2,3,4,4.1,4.2,4.3,4.4,4.5,5,6,7,8,9
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  CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                              Date : 12/06/2023

                               ORAL ORDER

Heard Mr.Parth Agrawal, learned advocate for the appellant.

Learned advocate for the appellant submits that the civil suit out of which the present Appeal from Order has arisen is pending before the learned trial Court and the evidence has been recorded and the matter is posted for judgment today. As far as the present matter is concerned, learned advocate for the appellant had preferred the application at Exh.110 to take necessary action for contempt of the order of the learned court below and the learned trial Court has framed issue No.4 in the matter and has passed the order that the matter will be decided along with the main suit.

C/AO/100/2023 ORDER DATED: 12/06/2023

Considering the above and as the evidence has been recorded and the main suit is posted for judgment by learned trial Court, the present Appeal from Order has become infructuous. Under the circumstances, the present Appeal from Order stands disposed of as having become infructuous. Needless to say that this Court has not gone into the merits of the matter and it will be open to the appellant to raise all the available issues before the appropriate forum.

In view of the above, the Civil Application also stands disposed of as not survived.

(S. V. PINTO,J) H.M. PATHAN