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SCA/15714/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15714 of 2010
=========================================================
MAHIPATSINH
BHAVSINH PARMAR - Petitioner(s)
Versus
JEMALSINH
KESARJIBHAI BHATTI & 3 - Respondent(s)
=========================================================
Appearance
:
MR
PP MAJMUDAR for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 08/12/2010
ORAL
ORDER
Heard
learned advocate Mr.Majmudar for the petitioner.
It
is submitted by learned advocate Mr.Majmudar that the present
petitioner had filed suit for partition against the present
respondents No.3 and 4 before the trial court which is numbered as
Regular Civil Suit No.6 of 2009 which is pending before the learned
Senior Civil Judge, Rajkot. It is further submitted that the
order passed by the Executing Court will come in way while deciding
the suit.
It
is an admitted fact that the respondents No.1 and 2 had also filed
suit before the trial court for specific performance while the
present petitioner had filed suit for partition which clearly shows
that both the suits are filed for different relief and for
different cause of action. In view of the same the trial court is
directed to decide the suit filed by the petitioner in accordance
with law and on its own merits taking into consideration the rival
contentions raised by the parties.
In
view of the above the petition is disposed of with no order as to
costs.
(
M.D. SHAH, J. )
syed/
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