Gujarat High Court High Court

Mahipatsinh vs Jemalsinh on 8 December, 2010

Gujarat High Court
Mahipatsinh vs Jemalsinh on 8 December, 2010
Author: Md Shah,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
		   Print
				          

  


	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	


 


	 

SCA/15714/2010	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 15714 of 2010
 

 
 
=========================================================

 

MAHIPATSINH
BHAVSINH PARMAR - Petitioner(s)
 

Versus
 

JEMALSINH
KESARJIBHAI BHATTI & 3 - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
PP MAJMUDAR for
Petitioner(s) : 1, 
None for Respondent(s) : 1 -
4. 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE MD SHAH
		
	

 

 
 


 

Date
: 08/12/2010 

 

 
 
ORAL
ORDER

Heard
learned advocate Mr.Majmudar for the petitioner.

It
is submitted by learned advocate Mr.Majmudar that the present
petitioner had filed suit for partition against the present
respondents No.3 and 4 before the trial court which is numbered as
Regular Civil Suit No.6 of 2009 which is pending before the learned
Senior Civil Judge, Rajkot. It is further submitted that the
order passed by the Executing Court will come in way while deciding
the suit.

It
is an admitted fact that the respondents No.1 and 2 had also filed
suit before the trial court for specific performance while the
present petitioner had filed suit for partition which clearly shows
that both the suits are filed for different relief and for
different cause of action. In view of the same the trial court is
directed to decide the suit filed by the petitioner in accordance
with law and on its own merits taking into consideration the rival
contentions raised by the parties.

In
view of the above the petition is disposed of with no order as to
costs.

(
M.D. SHAH, J. )

syed/

   

Top