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Gujarat High Court

Heirs Of Decd. Gupta Rameshchandra vs L.H. Of Late Hariprasad Mohanlal Mehta on 2 February, 2018

Author: Paresh Upadhyay

Bench: Paresh Upadhyay

                    C/AO/34/2018                                              ORDER




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           APPEAL FROM ORDER NO. 34 of 2018
                                              With
                             CIVIL APPLICATION NO. 1427 of 2018
                                               In
                            APPEAL FROM ORDER NO. 34 of 2018
                                              With
                           APPEAL FROM ORDER NO. 316 of 2016
                                              With
                             CIVIL APPLICATION NO. 8471 of 2016
                                               In
                           APPEAL FROM ORDER NO. 316 of 2016
                                              With
                           APPEAL FROM ORDER NO. 368 of 2016
                                              With
                           APPEAL FROM ORDER NO. 369 of 2016
                                              With
                           APPEAL FROM ORDER NO. 367 of 2016
         ==========================================================
               HEIRS OF DECD. GUPTA RAMESHCHANDRA
               GOPICHAND & ANR.                     ....Appellants
                                      Versus
               L.H. OF LATE HARIPRASAD MOHANLAL MEHTA
               AND OTHERS                           ....Respondents
         ==========================================================
         Appearance:
         Appeal from Order No.316 of 2016 with
         Civil Application No.8471 of 2016:

         MR MEHUL S. SHAH, SENIOR ADVOCATE with
         MR KEYUR A VYAS, ADVOCATE for the Appellants (original defendants)

         MR MIHIR THAKOR, SENIOR ADVOCATE and
         MR PC KAVINA, SENIOR ADVOCATE with
         MR VIRAL K SHAH, ADVOCATE for the contesting Respondents (original
         plaintiffs)




                                           Page 1 of 4

HC-NIC                                  Page 1 of 4      Created On Fri Feb 02 23:48:13 IST 2018
                     C/AO/34/2018                                               ORDER



         Appeal from Order No.367 of 2016 :
         MS MEGHA JANI, ADVOCATE for the Appellants - original defendants No.29
         to 31

         MR MIHIR THAKOR, SENIOR ADVOCATE and
         MR PC KAVINA, SENIOR ADVOCATE with
         MR VIRAL K SHAH, ADVOCATE for the contesting Respondents (original
         plaintiffs)

         Respondents No.3 to 7, 11 to 13 and 15 to 18 are served

         Notice is unserved for Respondents No. 9, 10 and 14

         Notice is unserved - expired for Respondent No.8

         Appeal from Order No.368 of 2016 :
         MR MEHUL S SHAH, SENIOR ADVOCATE with
         MR ANIRUDDH M JANI, ADVOCATE for the appellants (original defendants)

         MR MIHIR THAKOR, SENIOR ADVOCATE and
         MR PC KAVINA, SENIOR ADVOCATE with
         MR VIRAL K SHAH, ADVOCATE for the contesting Respondents (original
         plaintiffs)

         Respondents No. 5 to 10, 17, 19 to 33, 34.1 to 34.5 and 34.7 are served

         Notice is unserved - expired for Respondent No.34.6

         MR VIBHUTI NANAVATI, ADVOCATE for Respondents No.12 to 16

         MS MEGHA JANI, ADVOCATE for Respondents No.2 to 4

         MR Y N RAVANI, ADVOCATE with
         MR KALPESH N SHASTRI, ADVOCATE for Respondent No.11

         Appeal from Order No.369 of 2016 :

         MR MEHUL S SHAH, SENIOR ADVOCATE with
         MR ANIRUDDH M JANI, ADVOCATE for the Appellants (original defendants)


                                            Page 2 of 4

HC-NIC                                   Page 2 of 4      Created On Fri Feb 02 23:48:13 IST 2018
                    C/AO/34/2018                                              ORDER




         MR MIHIR THAKOR, SENIOR ADVOCATE and
         MR PC KAVINA, SENIOR ADVOCATE with
         MR VIRAL K SHAH, ADVOCATE for the contesting Respondents (original
         plaintiffs)

         Appeal from Order No.34 of 2018 with Civil Application No.1427 of 2018 :

         MR Y N RAVANI, ADVOCATE with
         MR KALPESH N SHASTRI, ADVOCATE for Appellants - original defendants
         No.37 and 38

         MR MIHIR THAKOR, SENIOR ADVOCATE and
         MR PC KAVINA, SENIOR ADVOCATE for
         MR VIRAL K SHAH, ADVOCATE with
         MR RAJ A TRIVEDI, ADVOCATE for the contesting Respondents (original
         plaintiffs)

         MS MEGHA JANI, ADVOCATE for Respondents No. 5 to 7 (original
         defendants)

         ==========================================================

          CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY

                                    Date : 02/02/2018


                                      ORAL ORDER

1. The hearing of this group of matters was concluded on 31.01.2018 and the judgment / Order is reserved.

2. On the next day (01.02.2018), a note is filed by the learned advocate (on record) for the contesting respondent (original plaintiff), referring to some submission of his counsel, which may be construed as concession on behalf of the original plaintiff, which the said litigant was not willing to give. Registry Page 3 of 4 HC-NIC Page 3 of 4 Created On Fri Feb 02 23:48:13 IST 2018 C/AO/34/2018 ORDER has listed the said note for appropriate orders.

3. Today, learned senior advocate for the original plaintiff has clarified the said aspect. No further order needs to be passed.

4. As noted above, the judgment / order is already reserved.

(PARESH UPADHYAY, J.) Salim/1 Page 4 of 4 HC-NIC Page 4 of 4 Created On Fri Feb 02 23:48:13 IST 2018