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SCA/6582/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6582 of 2010
=========================================================
HIMANSHUBHAI
AMBALAL PATEL & 1 - Petitioner(s)
Versus
ARJANBHAI
LAXMANBHAI RAMANI & 8 - Respondent(s)
=========================================================
Appearance
:
MR
AJ SHASTRI for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1 -
9.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 21/06/2010
ORAL
ORDER
The
petitioners- original defendants are before this Court being
aggrieved by an order passed below exh.95 in Special Civil Suit No.51
of 2007. This application was filed on 04.12.2008. The reply to the
suit and the injunction application were filed as back as on
12.03.2007. On that day, the petitioners very well knew about the
role of Sunil K. Patel in the matter and if that is so they could
have filed an application at that time. There is no reason why the
petitioners- original defendants should have waited for two years,
i.e. from 12.03.2007 to 04.12.2008. Prima facie, this Court is of
the opinion that the petitioners are trying to delay hearing of the
suit, which was filed in the year 2007.
2. Besides,
this Court does not find the reasons assigned by the learned 5th
Additional Senior Civil Judge & JMFC, Surat in order dated
30.12.2009 fit for being interfered with by this Court. Hence this
petition is dismissed.
(RAVI
R. TRIPATHI, J.)
karim
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