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AO/36/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 36 of 2011
With
CIVIL
APPLICATION No. 1084 of 2011
In
APPEAL FROM ORDER No. 36 of 2011
=========================================================
HARSHADBHAI
KANTILAL PATEL & 4 - Appellant(s)
Versus
BIPINBHAI
GOVINDBHAI PATEL & 3 - Respondent(s)
=========================================================
Appearance
:
MR
TRILOK J PATEL for
Appellant(s) : 1 - 5.
None for Respondent(s) : 1 - 4.
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 14/02/2011
ORAL
ORDER
By
way of present Appeal From Order, the appellants have inter alia
prayed for quashing and setting aside the impugned order dated 30th
September 2010 rendered by 5th Additional Senior Civil
Judge, Vadodara, below Exhibit 5 in Special Civil Suit No.319 of
2009.
Having
considered the contentions raised by the learned advocate for the
appellants, averments made in the Appeal from Order and the
documentary evidence produced on record, it transpires that the
trial Court has after appreciating the facts and circumstances of
the case and evidence produced on record come to the impugned
conclusion. The trial Court has assigned cogent and convincing
reasons in paragraphs 18, 19 and 20 of the impugned order and on
perusal of the same along with the documentary evidence produced on
record, I am of the opinion that the view taken by the trial Court
is just and proper.
In
view of aforesaid, it transpires that the trial Court has assigned
cogent and convincing reasons for arriving at the conclusion. I
adopt the reasons assigned by the trial Court and do not find any
illegality much less any perversity in the findings recorded. I am
in complete agreement with the findings recorded by the trial Court.
No case is made out to interfere with the findings recorded by the
trial Court. Hence, present petition deserves to be dismissed.
For
the foregoing reasons, present petition fails and is, accordingly,
dismissed summarily. Consequently, the Civil Application for stay
also stands disposed of.
It
is, however, clarified that if the appellants make an application
for expediting the suit proceedings, the same may be considered and
the suit be disposed of as expeditiously as possible.
(K.S.
Jhaveri, J)
Aakar
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