Gujarat High Court
Dhirajben Natvarlal Jhala W/O ... vs Lhr Of Lilavatiben Natvarlal Zhala on 7 September, 2021
Author: S.H.Vora
Bench: S.H.Vora
C/AO/199/2019 ORDER DATED: 07/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/APPEAL FROM ORDER NO. 199 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/APPEAL FROM ORDER NO. 199 of 2019
With
R/APPEAL FROM ORDER NO. 200 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/APPEAL FROM ORDER NO. 200 of 2019
==========================================================
DHIRAJBEN NATVARLAL JHALA W/O VENUSKUMAR DHANJIBHAI
JETHWA
Versus
LHR OF LILAVATIBEN NATVARLAL ZHALA
==========================================================
Appearance:
MR VIKRAM J THAKOR(2221) for the Appellant(s) No. 1
ROBIN PRASAD(9344) for the Appellant(s) No. 1
for the Respondent(s) No. 1
MR PRATIK Y JASANI(5325) for the Respondent(s) No. 1.2
MR. NIKUNJ KANARA(7301) for the Respondent(s) No. 2,3
NOTICE SERVED(4) for the Respondent(s) No. 1.1
==========================================================
CORAM:HONOURABLE MR. JUSTICE S.H.VORA
Date : 07/09/2021
ORAL ORDER
1. By way of present AOs preferred under Order 43 Rule 1(c) r/w section 104 of the CPC, the appellant has challenged order dated 10.6.2019 passed by the learned 4 th Senior Civil Judge, Jamnagar in CMA No.87 of 2017, whereby the learned Judge rejected the application preferred under Order 9 Rule 9 of the Civil Procedure Code on the premise that there is a delay in preferring such application and accordingly, the Court dismissed the application as it was filed after expiry of limitation period.
2. Apart from it, appeal preferred by the present appellant Page 1 of 2 Downloaded on : Sun Jan 16 12:55:12 IST 2022 C/AO/199/2019 ORDER DATED: 07/09/2021 being Regular Civil Appeal No.179 of 2005 against the judgment and decree passed on 5.2.2002 by the learned 6 th Joint Civil Judge (SD), Jamnagar in Special Civil Suit No.102 of 1991, whereby it dismissed the suit of the present appellant - plaintiff filed for partition of the suit property claiming 1/5th share in the suit property. The first appeal Court has disbelieved the right of the present appellant, who has claimed 1/5th share in the suit property, more particularly, which are subject matter of Special Civil Suit Nos.138 of 2012 and 139 of 2012.
3. In view of such position emerging on record, the appellant has not challenged the rejection of the application on the ground of delay and moreover, in Court's considered opinion, the appellant has now no right to sue survive in her favour. Under the circumstances, present AOs being devoid of merits, both on law and facts, stand rejected. Notice discharged.
4. Consequently, both the civil applications for stay also stand disposed of.
(S.H.VORA, J) SHEKHAR P. BARVE Page 2 of 2 Downloaded on : Sun Jan 16 12:55:12 IST 2022