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AO/3/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 3 of 2011
With
CIVIL
APPLICATION No. 36 of 2011
In
APPEAL FROM ORDER No. 3 of 2011
=========================================================
HENA
D/O CHAITANYA JANI AND WIFE OF RAKESH M TALATI & 1 - Appellant(s)
Versus
MAPIN
PUBLISHING PRIVATE LIMITED - Respondent(s)
=========================================================
Appearance
:
MR
AD DESAI for
Appellant(s) : 1 - 2.LOPA M BHATT for Appellant(s) : 1 - 2.
None
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 18/01/2011
ORAL
ORDER
Order
in First Appeal.
Appeal
is admitted. Expedited.
(K.S.JHAVERI,J.)
Order
in Civil Application.
1. This
application arises out of common judgment and order passed by the
learned City Civil Curt, Ahmedabad.
2. Heard.
The findings of the Trial Court is that the properties are in the
joint name and some
of the properties are HUF properties. Therefore, if the properties
mentioned in the plaint are taken in attachment before judgment then
interest of members of HUF will be affected and jeopardized. It is
required to be noted that the interest of the plaintiff is protected
by interim injunction, therefore, it was not necessary for granting
relief of attachment before judgment. Learned Advocate for the
appellant is not in a position to point out anything from the record
to take a different view of the matter. Therefore, the application is
rejected.
3. It
is made clear that the Trial Court’s proceedings are not stayed. If
an application is filed to expedite the suit, the Trial Court will
try to expedite the proceeding of the suit.
(K.S.JHAVERI,J.)
pawan
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