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Hena vs Mapin on 18 January, 2011

Gujarat High Court
Hena vs Mapin on 18 January, 2011
Author: Ks Jhaveri,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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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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