Gujarat High Court
Karsanba D/O Nathuji Madhuji Vaghela ... vs Jugaji Nathuji Vaghel (Decd) Through ... on 2 April, 2014
Author: S.H.Vora
Bench: S.H.Vora
C/AO/103/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL FROM ORDER NO. 103 of 2013
With
CIVIL APPLICATION NO. 3002 of 2013
In
APPEAL FROM ORDER NO. 103 of 2013
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KARSANBA D/O NATHUJI MADHUJI VAGHELA THROUGH POA RAOL
MAHEN....Appellant(s)
Versus
JUGAJI NATHUJI VAGHEL (DECD) THROUGH LEGAL HEIRS &
8....Respondent(s)
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Appearance:
MR RJ GOSWAMI, ADVOCATE for the Appellant(s) No. 1
MR HARSHIT S TOLIA, ADVOCATE for the Respondent(s) No. 1.1 , 2.1 , 3.1 , 4.1 , 5
MR PARTH S TOLIA, ADVOCATE for the Respondent(s) No. 1.1 , 2.1 , 3.1 , 4.1 , 5
MS ANUJA S NANAVATI, ADVOCATE for the Respondent(s) No. 7 - 9
NOTICE UNSERVED for the Respondent(s) No. 6
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 02/04/2014
ORAL ORDER
1. Challenge in this Appeal From Order is the order dated 10.1.2013 passed by the learned Principal Senior Civil Judge, Kalol in Special Civil Suit No.14 of 2012 below application Exhibit 5, whereby learned trial Judge rejected the application Exhibit 5 filed by the plaintiff.
2. Learned advocate Mr. R.J. Goswami appearing on behalf of the appellant - original plaintiff does not invite reasoned order but states that the plaintiff may be permitted to amend the plaint with suitable relief challenging the sale deed Page 1 of 2 C/AO/103/2013 ORDER executed in favour of the defendants inter se.
3. As and when such amend application along with appropriate injunction application, are moved by the plaintiff, the learned Principal Senior Civil Judge, Kalol, shall decide the same in accordance with law, uninfluenced by the observation recorded in the impugned order.
4. This Court has not examined present Appeal From Order on its merits.
5. In view of the above, present Appeal From Order stands disposed of as not pressed.
CIVIL APPLICATION No.3002 of 2013 :
In view of the withdrawal of the Appeal From Order, present Civil Application stands disposed of. Notice is discharged. Ad interim relief, if any, stands vacated forthwith.
(S.H.VORA, J.) YNVYAS Page 2 of 2