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SCA/21952/2007 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 21952 of 2007
With
SPECIAL
CIVIL APPLICATION No. 21954 of 2007
With
SPECIAL
CIVIL APPLICATION No. 21955 of 2007
=========================================================
JAY
NARENDRABHAI THAKKAR & 1 - Petitioner(s)
Versus
DILIP
JAYANTILAL S/O NAYALCHAND SHAH & 6 - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Petitioner(s) : 1 - 2.
MR DAKSHESH MEHTA for Respondent(s) : 1 -
7.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 29/07/2008
ORAL
ORDER
In
Special Civil Application No.21952 of 2007, the petitioners ?
original plaintiffs have prayed for appropriate writ, order and/or
direction, for quashing and setting aside the order dtd.12/7/2007
passed by the learned Small Causes Court No.6, Ahmedabad below
application Ex.95 in HRP Suit No.750 of 2004.
In
Special Civil Application No.21954 of 2007, the petitioners ?
original plaintiffs have prayed for appropriate writ, order and/or
direction, for quashing and setting aside the order dtd.12/7/2007
passed by the learned Small Causes Court No.6, Ahmedabad below
application Ex.92 in HRP Suit No.750 of 2004.
In
Special Civil Application No.21955 of 2007, the petitioners ?
original plaintiffs have prayed for appropriate writ, order and/or
direction, for quashing and setting aside the order dtd.23/3/2007
passed by the learned Small Causes Court No.6, Ahmedabad below
application Ex.81 in HRP Suit No.750 of 2004.
It
is not in dispute that while rejecting the aforesaid three
applications, the learned Small Causes Court, Ahmedabad has
considered the order passed below application Ex.40. Learned
advocates appearing on behalf of the respective parties have
submitted that the order passed below application Ex.40 was the
subject matter of Special Civil Application 21952 of 2007 and the
learned Single Judge of this Court (Coram ; D.N. Patel, J.) vide his
judgement and order dtd.24/8/2007 has been pleased to allow the said
Special Civil Application by quashing and setting aside the order
passed below application Ex.40 in so far as it was against the
original plaintiffs. It is also submitted by the learned advocate
appearing on behalf of the respective parties that the judgement and
order dtd.24/8/2007 passed by the learned Single Judge of this Court
was challenged before the Hon’ble Supreme Court and the Hon’ble
Supreme Court has dismissed The Special Leave Petition confirming
the aforesaid order passed by the learned Single Judge of this
Court.
Under
the circumstances and in view of changed circumstances and allowing
application Ex.40 submitted by the petitioners ? original
plaintiff by the learned Single Judge of this Court vide judgement
and order dtd.24/8/2007, all the orders impugned in these petitions
are required to be quashed and set aside and the matters are
required to be remanded to the learned Small Causes Court for
deciding all the aforesaid three applications afresh, in view of the
derangement and order passed by this Court in Special Civil
Application 21953 of 2007 dtd.24/8/2007, by which the learned Single
Judge of this Court has allowed the application Ex.40.
For
the reasons stated above, the impugned orders passed by the learned
Small Causes Court No.6, Ahmedabad below application Ex.Nos.95, 92
and 81 in HRP Suit No.750 of 2006 are hereby quashed and set aside
and the matters are remanded to the learned Small Causes Court,
Ahmedabad for deciding the application Ex.Nos.95, 92 and 81
afresh in accordance with law and considering the judgement and
order passed by the learned Single Judge of this Court in Special
Civil Application 21953 of 2007 dtd.24/8/2007. Learned advocate
appearing on behalf of the respective parties to produce the copy
of the judgement and order passed by the learned Single Judge of
this Court in Special Civil Application 21953 of 2007 dtd.24/8/2007
before the learned Small Causes Court, Ahmedabad for his
consideration. Rule is made absolute accordingly. In the facts and
circumstances of the case, there shall be no order as to costs.
[M.R.
SHAH, J.]
rafik
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