SCA/13770/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 13770 of 2008 With SPECIAL CIVIL APPLICATION No. 534 of 2009 With SPECIAL CIVIL APPLICATION No. 535 of 2009 With APPEAL FROM ORDER No. 37 of 2010 With CIVIL APPLICATION No. 9627 of 2010 In APPEAL FROM ORDER No. 37 of 2010 ========================================================= HASMUKH JAWANMAL SHAH & 1 - Petitioner(s) Versus VINODBHAI ASHABHAI PATEL & 4 - Respondent(s) ========================================================= Appearance : MR NEHAL R JOSHI for Petitioner(s) : 1 - 2. NOTICE SERVED for Respondent(s) : 1 - 2, 2.2.2, 2.2.3,2.2.4 - 4. MR PREMAL R JOSHI for Respondent(s) : 1, MRS KIRAN P JOSHI for Respondent(s) : 1, None for Respondent(s) : 2, DELETED for Respondent(s) : 5, ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 14/12/2010 COMMON ORAL ORDER
With
the consent of the learned advocates appearing for the respective
parties, all these matters are disposed of. Proposed
respondents/subsequent purchasers are brought on record of Appeal
From Order No.37 of 2010. Accordingly, Civil Application No.9627 of
2010 is allowed and rule is made absolute. Without expressing any
opinion on merits of the case, Special Civil Applications Nos.13770
of 2008, 534 of 2009 and 535 of 2009 are disposed of. Notice is
discharged. Without prejudice to the rights and contentions of
either parties, the parties are at liberty to raise the contentions
as raised here before the trial court at the time of deciding suit.
Appeal From Order No.37 of 2010 is disposed of. All the parties
including the newly added parties as per Civil Application No.9627
of 2010 shall maintain status quo in Appeal From Order No.37 of 2010
till final disposal of the suit.
Special
Civil Suit No.255 of 2006 is directed to be disposed of by the Trial
Court on its own merits and without being influenced by the impugned
orders passed in the present proceedings as expeditiously as
possible preferably within six months from the date of receipt of
writ of this order.
Office
shall send a copy of this order to the Trial Court.
(M.D.SHAH,J.)
radhan