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AO/386/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 386 of 2010
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NITABEN
NITESHBHAI KATA
THROUGH
POA NITESHBHAI GANGARA
Versus
HEIR
OF DECD. NAGJI RAJA LIMBANI MOHANLAL NAGJI LIMBANI & OTHERS
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Appearance :
MR
SURESH M SHAH for the Appellant
None for Respondent(s) : 1 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 10/01/2011
ORAL
ORDER
By
way of filing this appeal from order the appellant – original
plaintiff has challenged the order dated 15th
November 2010 passed below Exhibit 5 in Special Civil Suit No.95 of
2009 by the learned Principal Senior Civil Judge, Bhuj whereby he
rejected the injunction application.
Heard
the learned counsel for the appellant. The trial Court while
considering the application Exhibit 5 has considered the evidence as
well as the documents on record and in paragraph 11 has observed that
the documents which are produced before the Court are in collusion
and concocted with a view to deprive the rights of others. In my
view, the observations made by the trial Court are just and proper.
At
this stage, Mr Shah, learned counsel for the appellant makes a
request that the trial Court may be directed to expedite the suit.
It will be open for the appellant to make a request before the trial
Court for deciding the suit expeditiously and as and when such a
request is made, the trial Court shall endeavour to decide the suit
expeditiously and in accordance with law.
It
is clarified that the observations made by the trial Court while
deciding the injunction application as well as by this Court will not
influence the trial Court while deciding the suit finally.
With
the aforesaid observations, this appeal from order is disposed of.
(K.S.Jhaveri,
J.)
*mohd
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