Gujarat High Court
Khantil Mukeshbhai Shroff vs Patel Dilipbhai Shivabhai on 25 July, 2013
Author: S.H.Vora
Bench: S.H.Vora
KHANTIL MUKESHBHAI SHROFFV/SPATEL DILIPBHAI SHIVABHAI C/AO/213/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER NO. 213 of 2013 With CIVIL APPLICATION NO. 5563 of 2013 In APPEAL FROM ORDER NO. 213 of 2013 ================================================================ KHANTIL MUKESHBHAI SHROFF & 1....Appellant(s) Versus PATEL DILIPBHAI SHIVABHAI & 1....Respondent(s) ================================================================ Appearance: MR DC DAVE with MR DHRUV K DAVE, ADVOCATE for the Appellants MR NAVIN PAHWA for M/S THAKKAR ASSOC., ADVOCATE for the Respondents ================================================================ CORAM: HONOURABLE MR.JUSTICE S.H.VORA Date : 25/07/2013 ORAL ORDER
Challenge in this appeal from order is to the impugned order dated 30.3.2013 passed by the 13th Additional Senior Civil Judge, Vadodara below Exh-5, whereby the learned trial Judge rejected the application Exh-5.
Consensus has been arrived at to the effect that the appellants plaintiffs will file appropriate application for amendment of the injunction application and plaint seeking relief against the respondent No.2 original defendant No.2 for specific performance and for other reliefs as they may deem fit within 10 days from today. Thereafter, the respondents shall file their reply, if any, within 10 days from the date of filing of the amendment application by the appellants plaintiffs. The learned trial Judge shall decide such application for amendment within a period of two weeks thereafter.
In the meantime, the parties to the suit shall maintain status quo qua the suit property till amended injunction application is decided by the trial Court. The learned trial Judge shall decide the amended injunction application within one month from the date of decision with regard to the amendment application that will be filed by the appellants plaintiffs.
It is clarified that if the appellants plaintiffs does not cooperate with the hearing of the injunction application, then the learned trial Judge will be at liberty to vacate the injunction order operating against the respondents. The learned trial Judge shall also not influenced by the observations recorded herein above and shall decide the amended injunction application on its merit.
With the aforesaid observations and directions, the appeal from order stands disposed of. Direct service is permitted.
In view of disposal of main appeal from order, civil application does not survive and the same stands disposed of accordingly.
(S.H.VORA, J.) shekhar Page 2 of 2