Gujarat High Court Case Information System
Print
SCA/7287/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7287 of 2010
=====================================
HAJIBHAI
ABDULKARIM KASUWALA - Petitioner(s)
Versus
HARUNBHAI
ABDULGAFAR MEMAN & 2 - Respondent(s)
=====================================
Appearance
:
MR MEHUL S SHAH for
Petitioner(s) : 1,MR SURESH M SHAH for Petitioner(s) : 1,
MR PP
MAJMUDAR for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 25/06/2010
ORAL
ORDER
1.0 Heard
learned advocate Mr. Mehul S. Shah for the petitioner.
2.0 The
learned advocate Mr. Majmudar for respondent no. 1 original
plaintiff stated that he has preliminary objection that the present
petition is not maintainable. According to him, a Revision
Application is required to be filed.
2.1 The
objection is found without any substance. Hence, this Court is of
the opinion that it should not hold back this Court from considering
the matter on merits.
3.0 The
learned advocate Mr. Shah for the petitioner invited attention of the
Court to Para 7, wherein, the cause of action is mentioned.
Admittedly, what is set out in Para 7 is that the defendant nos. 1
and 2 did not act according to Raja Chitthi dated 7 th
October 1999 and defendant no. 3 did not handover the vacant
possession. Therefore, the cause of action arose on 27th
December 1997. That, thereafter, off and on, the requests were made
but they did not act according to the request and therefore, the
cause of action arose during the period starting from 26th
November 2009.
3.1 On
the face of it the cause of action is not only vague but also
misleading.
4.0 The
matter requires consideration. Hence, Rule.
Mr.
Majumudar waives service of Rule on behalf of respondent
no. 1.
Interim relief in terms of Para 7(b).
4.2 At
the request of learned advocate for the petitioner and the respondent
it is clarified that if the parties settle the matter
outside
the Court, it will be open for them to request the Court to take a
note of the same.
[
Ravi R. Tripathi, J. ]
hiren
Top