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SCA/9162/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9162 of 2010
=========================================================
SURYAKANT
VITTHALBHAI TAMBOLI - Petitioner(s)
Versus
PARIKH
ASSOCIATES & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PRABHAV A MEHTA for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5
NOTICE SERVED
for Respondent(s) : 1 - 2.
MR UDAYAN P VYAS for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 17/02/2011
ORAL
ORDER
1. This
petition is filed against the order dated 9.8.2007, passed below
Exhibit-25 and order dated 18.6.2010, below Exhibit-32, which is
review application, by the learned Civil Judge, (S.D.), Vadodara, in
Special Civil Suit No. 466 of 2003, whereby the petitioners herein-
original defendant Nos. 1/1 to 1/5 were ordered to be deleted.
2. The
Trial Court vide order dated 09.08.2007, below Exhibit-25 deleted the
names of the present petitioners as original defendants.
3. I
have gone through the order under challenge and the documents annexed
thereon. It is required to be noted that the suit is filed by the
plaintiffs and they are the best persons to join the necessary
defendants. If no prayer is made against the present petitioners,
they cannot be party to the proceedings. According to the trial Court
the documents and deed were completed in the year 2003. Therefore, I
am of the view that no case is made out in this petition. Hence, the
same is dismissed. Notice is discharged with no order as to costs.
(K.S.JHAVERI,J.)
pawan
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