Devji @ Deva Parag (Prag) Sangar vs Kanbhai Ratanshi Khimji Patel
2023 Latest Caselaw 2216 Guj

     C/SCA/5712/2019                                       ORDER DATED: 13/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 5712 of 2019

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                   DEVJI @ DEVA PARAG (PRAG) SANGAR
                                 Versus
                     KANBHAI RATANSHI KHIMJI PATEL
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Appearance:
MR KIRTIDEV R DAVE(3267) for the Petitioner(s) No. 1,2,3,4,5
for the Respondent(s) No. 1
MR A A ZABUAWALA(6823) for the Respondent(s) No. 2,3,4
NOTICE SERVED BY DS for the Respondent(s) No. 11,12,16,6,7
SERVED BY RPAD (N) for the Respondent(s) No. 10,13,14,15,5,8,9
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 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 13/03/2023

                              ORAL ORDER

1. Heard Mr. Kirtidev R. Dave, the learned advocate appearing for the writ-applicants and Mr. A. A. Zabuawala, the learned advocate appearing for the respondents No.2 to 4.

2. By way of present writ-application the writ-applicants herein have challenged the judgment dated 20.12.2018 passed by the learned 4th Additional District Judge, Bhuj-Kachchh in Misc. Civil Appeal No.15 of 2018 whereby the learned Appellate Court set aside the order granting application below Ex.5 dated 7.3.2018 in Regular Civil Suit No.14 of 2017 passed by the learned Principal Civil Judge, Mandavi wherein injunction came to be granted. Notice came to be issued on 20.3.2019.

C/SCA/5712/2019 ORDER DATED: 13/03/2023

3. Mr. Kirtidev R. Dave, the learned advocate appearing for the writ-applicants - original plaintiffs submitted that the trial Court has framed issues and the trial can be said to have commenced.

4. Considering the aforesaid submissions advanced by Mr. Dave, the learned advocate appearing for the writ-applicants interest of justice would be served while not interfering under Article 227 of the Constitution of India with the order passed by the Appellate Court dated 20.12.2018 in Misc. Civil Appeal No.15 of 2018, expediting the trial.

5. Considering the facts of the present case, without entering into the merits of the matter, the parties shall cooperate at the time when the trial is conducted and the trial Court to decide the suit independently in accordance with law as expeditiously as possible.

6. With the aforesaid, the present writ-application stands disposed of.

(VAIBHAVI D. NANAVATI,J) K.K. SAIYED