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Gujarat High Court

Bardoli Shreerang Exhibitors Private ... vs Maheshbhai Babubhai Hirpara on 3 November, 2020

Author: R.M.Chhaya

Bench: R.M.Chhaya, Vaibhavi D. Nanavati

        C/FA/1774/2020                                ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
              R/FIRST APPEAL NO. 1774 of 2020
                            With
         CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 1774 of 2020
                            With
   CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 2 of 2020
             In R/FIRST APPEAL NO. 1774 of 2020
==========================================================
      BARDOLI SHREERANG EXHIBITORS PRIVATE LIMITED
                        Versus
              MAHESHBHAI BABUBHAI HIRPARA
==========================================================
Appearance:
MR JIGAR M PATEL(3841) for the Appellant(s) No. 1
KARTIKKUMAR K JOSHI(8042) for the Defendant(s) No. 1,2,3,4,7
MR.NISARG P RAVAL(7262) for the Defendant(s) No. 5,6
==========================================================
 CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
       and
       HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
                 Date : 03/11/2020

                     ORAL ORDER

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA) Order in FA Heard Mr. Dhaval Dave, learned Senior Advocate assisted by Mr. Jigar Patel, learned advocate for the appellant and Mr. Nisarg Raval, learned advocate for the respondent no.5 & 6.

Notice returnable on 24.11.2020. As the appeal arising out of an order passed on application filed by the respondent no.5 under Order 7 Rule 11 of the Code of Civil Procedure and the copy of the plaint is already on record, no further original record would not be required.

Mr. Nisarg Raval, learned advocate waives service of Page 1 of 3 Downloaded on : Wed Nov 04 00:32:40 IST 2020 C/FA/1774/2020 ORDER notice on behalf of respondent nos. 5 & 6. Additionally, applicant may serve rest of the respondents including newly added respondents through Email or by Registered Post AD.

ORDER IN CA NO. 1 OF 2020 Notice returnable on 24.11.2020. Mr. Nisarg Raval, learned advocate waives service of notice on behalf of respondent nos. 5 & 6. Additionally, applicant may serve rest of the respondents including newly added respondents through Email or by Registered Post AD.

Any further development over the land in question shall be subject to further order of this Court.

ORDER IN CA NO. 2 OF 2020 Heard Mr. Dhaval Dave, learned Senior Advocate assisted by Mr. Jigar Patel, learned advocate for the appellant and Mr. Nisarg Raval, learned advocate for the respondent no.5 & 6.

By way of present application, the applicant has prayed for bringing the legal heirs of opponent no.7 in the First Appeal as well as Civil Application, who has expired on 16.08.2020.

Considering the averments made in this application, present application is allowed as prayed for in para 3 of this application. The applicants are permitted to join the opponent nos. 7.1 to 7.3 as legal heirs of opponent no.7- Rajeshri Gautam Patel in the main matter.

Amendment to be carried out forthwith. With this, present application is disposed of.

(R.M.CHHAYA, J) (VAIBHAVI D. NANAVATI,J) DRASHTI K. SHUKLA/kaushik Page 3 of 3 Downloaded on : Wed Nov 04 00:32:40 IST 2020