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SCA/10914/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10914 of 2009
=====================================
SUSHIL
ARVINDBHAI DESAI - Petitioner(s)
Versus
THAKORBHAI
LALLUBHAI PATEL & 3 - Respondent(s)
=====================================
Appearance
:
PARTY-IN-PERSON for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1,3 - 4.
MR
RS SANJANWALA with MR DILIP L KANOJIYA for Respondent(s) : 1,
SERVED
BY AFFIX.(N) for Respondent(s) :
2,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 30/03/2010
ORAL
ORDER
1. Heard
Party in Person Mr. Sushil Arvindbhai Desai, who requested for
priority in the mater. The Party in Person is before this Court
being aggrieved by order dated 10th July 2009 passed below
exh. 45 by the learned Principal Senior Civil Judge, Valsad in
Regular Civil Suit No. 110 of 2004.
2. By
the order impugned, the learned Judge allowed respondent no. 1 herein
to be the sole plaintiff. The learned Advocate Mr. Sanjanwala with
Mr. Kanojiya for respondent no. 1 submitted that though the case of
respondent no. 1 is that the order passed by the Court below is in
accordance with law, as the case of the respondent
no. 1 is that
the petitioner no. 1 has sold the entire property to the respondent
no. 1. For the sake of argument, if the case of the petitioner no. 1
is having some substance, he having sold only a part of the property
then also, the respondent no. 1 is to be allowed to be a co-plaintiff
with the petitioner original plaintiff.
3. Taking
into consideration the aforesaid submission made by Mr. Sanjanwala,
the order passed below exh. 45 in Regular Civil Suit No. 110 of 2004
is modified to the extent that instead of respondent no. 1 be the
sole plaintiff, he will be a co-plaintiff with the present petitioner
original plaintiff in Regular Civil Suit No. 110 of 2004.
4. With
this clarification, this petition is disposed of.
[
Ravi R. Tripathi, J. ]
hiren
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