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MCA/2847/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR REVIEW No. 2847 of 2007
In
CIVIL
REVISION APPLICATION No. 101 of 2007
=========================================================
MALEK
GULAM MAYUDDIN HUSSAINMIYA & 6 - Applicants
Versus
EALEK
GULAM MAYUDDIN HUSSAINMIYA & 5 - Opponents
=========================================================
Appearance :
MR
HM PARIKH for the Applicants.
MR IQBAL
M MALIK for Opponent No.1.
NOTICE SERVED for Opponent Nos.2 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 11/07/2008
ORAL
ORDER
1. This
application has been preferred for review of the order dated 18th
September,2007 passed by this Court in Civil Revision Application
No.101 of 2007, which was allowed and applicant of Civil Revision
Application No.101 of 2007 was permitted to be joined as
party-defendant in Civil Suit No.265 of 2006 pending before learned
Additional Senior Civil Judge, Nadiad.
2. Learned
counsel for the applicants submitted that the applicant of Civil
Revision Application No.101 of 2007 has no claim in Civil Suit No.265
of 2006 and on merits, he has narrated that, how, there is no claim
of applicant of Civil Revision Application No.101 of 2007.
3. Having
heard the learned counsel for both the sides and looking to the facts
and circumstances of the case and detailed reasons assigned vide
order dated 18th September,2007 passed in Civil Revision
Application No.101 of 2007, while finally allowing Civil Revision
Application, it appears that there is no substance in the present
Review Application. Looking to the facts of the case, it appears that
the present opponent No.1 (original applicant of Civil Revision
Application No.101 of 2007) has interest in the pending Civil Suit
No.265 of 2006, which is preferred by opponent No.2 (original
plaintiff of Civil Suit No.265 of 2006). This Court has narrated in
detail about interest of opponent no.1 in pending suit, in para 3 of
the order dated 18th September,2007 passed in Civil
Revision Application No.101 of 2007. Whether or not opponent No.1 has
any chance of success in the suit is not to be examined by this Court
at this stage.
4. Looking
to the aforesaid facts and reasons, this Court is of the opinion that
the present opponent no.1 (applicant of Civil Revision Application
No.101 of 2007) is interested in pending Civil Suit No.265 of 2006.
His chance of success has not been examined by this Court by the
impugned order. There is no substance in this Review Application and,
therefore, the same is hereby dismissed. Notice is discharged.
(D.N.PATEL,J)
*dipti
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