Gujarat High Court
Bardoli Shreerang Exhibitors Private ... vs Manharlal Dhansukhlal Golwala on 1 December, 2020
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
C/SA/249/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 249 of 2017
With
R/SECOND APPEAL NO. 250 of 2017
With
R/SECOND APPEAL NO. 251 of 2017
With
R/SECOND APPEAL NO. 252 of 2017
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2017
In R/SECOND APPEAL NO. 252 of 2017
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BARDOLI SHREERANG EXHIBITORS PRIVATE LIMITED
Versus
MANHARLAL DHANSUKHLAL GOLWALA
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Appearance:
MR JIGAR M PATEL(3841) for the Appellant(s) No. 1
MR AJAY R MEHTA(453) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 01/12/2020
ORAL ORDER
Heard learned advocate Mr. Jigar Patel for the appellant and learned advocate Ms.Niyati Vaishnav for learned advocate Mr.Ajay Mehta for the respondent through video conference.
ORDER IN CIVIL APPLICATION NO.1 OF 2017 (CIVIL APPLICATION NO.9952 OF 2017) IN SECOND APPEAL NO.252 OF 2017 This application is filed to join opponent nos.1/1 and 1/2 as respondent nos.1/1 and 1/2 being legal heirs and representatives of late Shri Sakarlal Page 1 of 3 Downloaded on : Wed Dec 02 21:07:51 IST 2020 C/SA/249/2017 ORDER Dhansukhlal Golwala in the Second Appeal.
Learned advocate Mr.Jigar Patel submitted that the applicant preferred First Appeal No.65 of 2005 before this Court being aggrieved by judgment and award passed in Special Civil Suit No.52 of 1999. At that time, both the opponent nos.1/1 and 1/2 filed their appearances and contested the First Appeal. However, thereafter First Appeal No.65 of 2005 was transferred to the District Court due to increase of monetary limits, but the cause title of the First Appeal was not amended and accordingly, names of opponent nos.1/1 and 1/2 were not reflected in the cause title.
Considering the above submissions and averments made in para no.2 of the application, same is allowed by permitting the applicants to join opponent nos.1/1 and 1/2 as respondent nos.1/1 and 1/2 in the Second Appeal being legal heirs and representatives of late Sakarlal Dhansukhlal Golwala.
Civil Application stands disposed of.
Cause title be amended accordingly.
ORDER IN SECOND APPEAL NO.252 OF 2017 In view of the order passed in Civil Application No.1/2017, let fresh notice be issued upon the legal heirs of late Sakarlal Dhansukhlal Golwala, who are joined as respondent nos.1/1 and 1/2 returnable on Page 2 of 3 Downloaded on : Wed Dec 02 21:07:51 IST 2020 C/SA/249/2017 ORDER 18th January, 2021.
ORDER IN SECOND APPEAL NOS.249/2017, 250/2017 AND 251/2017 Learned advocate Mr.Ajay Mehta has filed a note before the Registry stating that he has already intimated the respondents about his retirement in the matters.
Issue fresh notice to the respondents in all the three Second Appeals returnable on 18th January, 2021.
(BHARGAV D. KARIA, J) RAGHUNATH NAIR Page 3 of 3 Downloaded on : Wed Dec 02 21:07:51 IST 2020