Ramanben Babubhai Ljardar vs Bhanabhai Keshavbhai Bhagat Legal ...
2024 Latest Caselaw 5097 Guj

Gujarat High Court

Ramanben Babubhai Ljardar vs Bhanabhai Keshavbhai Bhagat Legal ... on 20 June, 2024

                                                                            NEUTRAL CITATION




     C/SCA/4654/2016                         ORDER DATED: 20/06/2024

                                                                            undefined




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 4654 of 2016

==========================================================
          RAMANBEN BABUBHAI LJARDAR & ORS.
                       Versus
BHANABHAI KESHAVBHAI BHAGAT LEGAL HEIRS OF RATUBEN D/
       O MAKANBHAI VALABHAI (DELETED ) & ORS.
==========================================================
Appearance:
MR DC DAVE, SENIOR ADVOCATE WITH MR JIGAR M PATEL(3841)
for the Petitioner(s) No. 1
 for the Respondent(s) No. 5.1,5.2,5.3,5.4,5.5,5.6
DECEASED LITIGANT for the Respondent(s) No. 19,5,7,8
DELETED for the Respondent(s) No. 1
MR ASHISH H SHAH(2142) for the Respondent(s) No. 18,20
MR DAIFRAZ HAVEWALLA(3982) for the Respondent(s) No. 16,17
MR HARSHADRAY A DAVE(3461) for the Respondent(s) No.
7.1,7.2,7.3,7.4,7.5,7.6,9
NOTICE SERVED for the Respondent(s) No. 10,11,12,13,14,15,2,3,4,6
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                       Date : 20/06/2024
                         ORAL ORDER

1. Learned advocate Mr.Harshadray Dave appearing for respondent Nos.7.1 to 7.6 and 9 submits, under instructions, that they have no objection in allowing this petition and permitting the amendment which was sought by the petitioner herein in the plaint before the learned Trial Court. However, it is requested to this Court that the contentions of the present respondents may be kept open to be raised during the trial.

2. In view of the above submission, the present petition is allowed. The impugned judgment and order dated 30.01.2016 passed by learned Trial Court in application below Exh.420 in

NEUTRAL CITATION

C/SCA/4654/2016 ORDER DATED: 20/06/2024

undefined

Regular Civil Suit No.700 of 2015 (Old Special Suit No.451 of 1991) is set aside and the petitioner is permitted to amend the pleadings. The respondent shall be at liberty to file their written statement, if any, as far as amendment takes place in the pleading is concerned. All contentions of the present respondents are kept open. Since the suit is of year 1991, it is expected from the learned Trial Court to hear and decide the same as early as possible and preferably within nine months from the date of receipt of copy of this order.

(J. C. DOSHI, J) GAURAV J THAKER