Gujarat High Court
Jagat Narandrabhai Patel (H U F ) & vs Hirenbhai Girishbhai Patel & 2 on 3 March, 2016
Author: R.D.Kothari
Bench: R.D.Kothari
C/AO/67/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL FROM ORDER NO. 67 of 2016
With
CIVIL APPLICATION NO. 1958 of 2016
In
APPEAL FROM ORDER NO. 67 of 2016
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JAGAT NARANDRABHAI PATEL (H U F ) & 1....Appellant(s)
Versus
HIRENBHAI GIRISHBHAI PATEL & 2....Respondent(s)
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Appearance:
MR SUDHANSHU S PATEL, ADVOCATE for the Appellant(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 03/03/2016
ORAL ORDER
1. Heard learned advocate for the appellants.
2. Appellants are original plaintiffs in Special Civil Suit No. 70 of 2016. In the said suit appellants had moved Exh.5 application, wherein, in substance, prayer was, defendants be restrained from transferring, alienating and disposing of the suit godown in any manner till the disposal of the suit.
3. The appellants aggrieved by issuance of notice below that application.
4. Learned advocate submits that under the peculiar circumstances, the appellants have to approach this Court. Attention was drawn to Panchnama carried out on Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Mar 04 02:56:40 IST 2016 C/AO/67/2016 ORDER 18.02.2016. Court has passed an order for issuance of notice on 15th February, 2016, returnable on 10th March, 2016. After the said order of issuance of notice and after preparing of Panchnama, the defendants have proceeded demolishing some part of the godown. Attention was drawn to photographs produced at Annexure-D. Learned advocate also drawn attention to MOU entered into between the parties in 2004 (Annexure
-A). Relationship between the parties came into existence via this MOU. Attention was also drawn to criminal complaint lodged by the present appellants (Annexure-E) whereby the appellants have made a grievance that after issuance of notice by trial Court, the defendants have started damaging/demolishing the suit property.
5. It was also submitted that unsuccessful attempt was made before the trial Court to prepone the date of issuance of notice.
6. Matter requires consideration.
7. Notice, returnable on 9th March, 2016.
8. In peculiar facts and circumstances of this case, the respondents are directed to maintain status-quo as on today, till the next date of hearing.
Direct service today is permitted.
(R.D.KOTHARI, J.) BD Songara Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Mar 04 02:56:40 IST 2016