Gujarat High Court
Biren P Shah & vs Pankaj Babulal Shah on 6 February, 2014
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/4368/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 4368 of 2012
================================================================
BIREN P SHAH & 1....Petitioner(s)
Versus
PANKAJ BABULAL SHAH....Respondent(s)
================================================================
Appearance:
MR SIDDHARTH H DAVE, ADVOCATE for the Petitioner(s) No. 1 - 2
MR MANISH J PATEL, ADVOCATE for the Respondent(s) No. 1
================================================================
CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 06/02/2014
ORAL ORDER
1. Mr. Bhavesh Hajare, learned advocate for Mr.Manish Patel, learned advocate for the respondent submitted that so far as present petition is concerned, the original suit itself is decreed and that, therefore, present petition which is preferred against the order granting conditional leave to defend, now does not survive.
2. Mr.Dave, learned advocate for the petitioners Page 1 of 2 C/SCA/4368/2012 ORDER has not disputed the said submission, however, he clarified that the petitioners are not in his contact and the communication which he had addressed to the petitioners is returned without any response and that, therefore, actually, he does not have any definite instructions about status of the suit.
3. In view of the submission made by learned advocate for the respondent, the original suit itself is decreed and that, therefore, present petition which is filed against the order granting conditional leave to defend, now does not survive and the petition has become infructuous. Orders accordingly. Adinterim relief, if any, stands vacated forthwith.
(K.M.THAKER, J.) Bharat Page 2 of 2