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SCA/781/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 781 of 2011
=========================================================
DHARMESHBHAI
KANTIBHAI PATEL & 1 - Petitioner(s)
Versus
BABUBHAI
MANIBHAI PRAJAPATI & 11 - Respondent(s)
=========================================================
Appearance
:
MR
KV SHELAT for
Petitioner(s) : 1 - 2.
NOTICE SERVED BY DS for Respondent(s) : 1 -
12.
- for Respondent(s) : 9 -
11.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 11/02/2011
ORAL
ORDER
1.0 By
way of present petition, the petitioners have challenged the order
dated 12.10.2010 passed by the learned Principal Senior Civil Judge,
Gandhinagar below Exh. 59 in Special Civil Suit No. 156 of 2009
whereby the application Exh. 59 filed by the petitioners for joining
them as necessary and proper party came to be dismissed.
2.0 Looking
to the peculiar facts of the case, the appropriate remedy for the
petitioners is to file independent suit for injunction and
declaration of rights against the original owner or any other parties
since the petitioners are not party in the suit which is subject
matter of the petition. The trial Court will not be influenced by
the observations which are made in the order while considering the
suit and will consider the same in accordance with law. It is made
clear that application Exh. 59 will not come in the way while
deciding the suit.
3.0 With
the above observation, petition stands disposed of accordingly.
Notice is discharged with no order as to costs.
(K.S.JHAVERI,
J.)
niru*
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