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Showing contexts for: parthiv b shah in Lalit Babulal Patel Partner Of Rishil ... vs Legal Heirs Of Deceased Ranjanben ... on 24 June, 2025Matching Fragments
ORDER IN CIVIL APPLICATION (FOR ORDERS) NO. 1 OF
1. Rule returnable forthwith. Learned Advocate, Mr.N.V.Solanki waives service of Rule on behalf of the opponents.
2. Heard learned Advocate Mr.Parthiv B. Shah for the applicants and learned Advocate Mr.N.V.Solanki for the opponents.
5. SUBMISSIONS OF THE PETITIONER-DEFENDANT NOS. 1 AND 2 5.1. Learned Advocate Mr. Parthiv B. Shah would submit that the impugned order is contrary to the mandatory provisions of the Civil Procedure Code, 1908 (hereinafter referred to as the 'CPC') and requires to be interfered with by this Court while exercising its power under Article 227 of the Constitution of India.
6.6. To buttress his arguments, learned Advocate Mr. Solanki has relied upon the decision of the Hon'ble Supreme Court in the case of Om Prakash Gupta @ Lalloowa (now deceased) and Others vs. Satish Chandra , reported in (2025) SCC Online SC 291; 2025 INSC 183 (paras 22 and 23). 6.7. Heard learned Advocate Mr.Parthiv B. Shah for the petitioners and learned Advocate Mr.N.V.Solanki for the NEUTRAL CITATION C/SCA/13799/2024 ORDER DATED: 24/06/2025 undefined respondent.