SCA/31081/2007 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 31081 of 2007 With SPECIAL CIVIL APPLICATION No. 31082 of 2007 ========================================== GAUTAMBHAI PUNJABHAI PALKHIWALA - Petitioner(s) Versus MIRABEN JAGATBHAI PALKHIWALA & 2 - Respondent(s) ========================================== Appearance : MR DAKSHESH MEHTA for Petitioner(s) : 1, None for Respondent(s) : 1, 1.2.1, 1.2.2,1.2.3 - 3. ========================================== CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 07/07/2008 ORAL ORDER
1. Both
these petitions are filed by the respective petitioners-original
plaintiffs of Civil Suit No. 814/2001 challenging the common
judgement and order dated 18th April, 2007 passed by the
learned City Civil Court below Applications Exhs. 44 and 55 in Civil
Suit No. 814/2001 by which the learned City Civil Court at Ahmedabad
has allowed the aforesaid two applications permitting the brothers of
the petitioners to be joined as party defendants in the said suit.
2. Shri
D.B. Mehta, learned advocate appearing for the petitioners has
submitted that allowing the brothers to be joined as defendants would
result into delay in disposal of the suit. It is submitted that even
the earlier suits, being Special Civil Suit Nos. 4380/1982 and
1652/1981, are still pending and unless and until these suits are
disposed of, it will not be possible to dispose of the present suit.
3. Having
considered the impugned orders passed below Exhs. 44 and 55 and
considering the fact that third parties who are permitted to be
joined as defendants are real brothers and looking to the controversy
and dispute in the suit, it cannot be said that the learned Trial
Court has committed an error in allowing the aforesaid two
applications permitting the third parties, the brothers of the
petitioners, to be joined as party defendants. Such an order does
not warrant any interference of this Court for exercising power under
Article 227 of the Constitution of India. Hence, both the petitions
require dismissal and are accordingly dismissed.
4. However
considering the request made by Shri Mehta, learned advocate, that
Special Civil Suit Nos. 4380/1982 and 1652/1981 are pending for more
than two decades and all the parties are senior citizens, the
learned Trial Court is directed to decide` and dispose of the
aforesaid Special Civil Suits as early as possible. subject to
cooperation by the concerned parties.
(M.R.
SHAH, J.)
siji