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Documents citing Patel Dineshbhai Mohanbhai vs Decd. Naranbhai Ramdas Thro' Legal ... on 23 September, 2004

Ashokkumar Jayantilal Sheth Thro'Poa ... vs Heirs Of Deceased Narmadaben Widow Of ... on 31 July, 2014

14.3 From the above facts and the observations and clarifications made by this Court as noted above as well as further endorsement thereof by the Supreme Court observing to make it clear that the dismissal of Special Leave Petitions would not amount to preclusion for the appellants herein in pursuing the other remed- ies, it is significantly clear that rights of the ap- pellants to seek specific performance and the related prayers are salvaged by virtue of observations in Pa- tel Dineshbhai Mohanbhai Vs Naranbhai Ramdas (decd) through heirs [2005 (1) GLR 116] and the clarifica- tion made by the Supreme Court as above. The Civil Suits instituted by the appellants herein for specific performance were pending and the above clarification was in that context only.
Gujarat High Court Cites 34 - Cited by 0 - N V Anjaria - Full Document

Narharibhai Chaturbhai Patel vs Ashish Mukundlal Shah on 24 May, 2022

17. Considering the aforesaid judgment of Hon'ble Apex court, this Court in the judgment reported in 2005 (1) GLR Page 116 (Patel Dineshbhai Mohanbhai v. Naranbhai Ramdas (Decd.) Through Legal heirs) , in para 46 also held that the plaintiff has got absolute right to withdraw his suit unconditionally. It is required to be noted that it no doubt that respondent no.1 herein has also filed substantive civil suit for specific performance of an agreement executed between the parties on 23.03.2002 and is still pending.
Gujarat High Court Cites 9 - Cited by 0 - B N Karia - Full Document

Tinaben Behram Mehta vs Koteshwar Mahadev Hindu Dharmik ... on 17 December, 2019

In case of Patel Dineshbhai Mohanbhai (Supra) question decided by this Court was whether the plaintiff has absolute right to withdraw the suit unconditionally and it is held herein that he does have such an absolute right. However, as an exception Court can refuse it in case where there is a counterclaim or set-off. By a detailed discussion of various aspects, this issue was examined and the Court held that there was material irregularity committed by the Trial Court in not exercising the jurisdiction of permitting the plaintiff who wanted to withdraw the suit unconditionally. As plaintiff of the original suit cannot be compelled to continue the suit by permitting the third party to be joined as coplaintiff if such withdrawal is unconditionally Page 43 of 52 Downloaded on : Tue Dec 17 23:12:40 IST 2019 C/SCA/3409/2007 IA JUDGMENT sought.
Gujarat High Court Cites 29 - Cited by 0 - B Vaishnav - Full Document

Shital Omprakash Agrawal vs The Gujarat Research And Medical ... on 28 January, 2022

Relying upon the decision of this Court in the case of Patel Dineshbhai Mohanbhai v. Naranbhai Ramdas and in the case of Narendrabhai Thakershibhai Thakkar v. Vishalbhai Yogeshbhai Parmar & another, reported in 2012 (4) GLR 3220 he submits that unconditional withdrawal under order 23 rule 1 of the code cannot be refused by the court even if impleadment application or transposition application is pending.
Gujarat High Court Cites 20 - Cited by 0 - A G Uraizee - Full Document

Sanjaybhai Lakhabhai Oderdra vs Mineshbai Bhogilal Patel on 2 September, 2023

17. Considering the aforesaid judgment of Hon'ble Apex court, this Court in the judgment reported in 2005 (1) GLR Page 116 (Patel Dineshbhai Mohanbhai v. Naranbhai Ramdas (Decd.) Through Legal heirs) , in para 46 also held that the plaintiff has got absolute right to withdraw his suit unconditionally. It is required to be noted that it no doubt that respondent no.1 herein has also filed substantive civil suit for specific performance of an agreement executed between the parties on 23.03.2002 and is still pending.
Gujarat High Court Cites 5 - Cited by 0 - Full Document

Sanjaybhai Lakhabhai Oderdra vs Mineshbai Bhogilal Patel on 2 September, 2023

17. Considering the aforesaid judgment of Hon'ble Apex court, this Court in the judgment reported in 2005 (1) GLR Page 116 (Patel Dineshbhai Mohanbhai v. Naranbhai Ramdas (Decd.) Through Legal heirs) , in para 46 also held that the plaintiff has got absolute right to withdraw his suit unconditionally. It is required to be noted that it no doubt that respondent no.1 herein has also filed substantive civil suit for specific performance of an agreement executed between the parties on 23.03.2002 and is still pending.
Gujarat High Court Cites 5 - Cited by 0 - Full Document

Kishorbhai Khanchand Gohil & Anr vs Manubhai Prabhudas Patel & Ors on 7 August, 2015

3. On the other hand, Mr.Patel, learned advocate for the respondents - original plaintiffs has also relied on very same material, which the learned advocate for the petitioners has relied on, however to contend that there was ingenuine attempt on the part of the present petitioners to obstruct the proceedings of the suit in question to the detriment the original plaintiffs and therefore the Trial Court has rightly not permitted the same, at the hands of the present petitioners and therefore this petition be dismissed. Learned advocate for the respondents has relied on the decision of this Court in the case of Patel Dineshbhai Mohanbhai Vs. Decd. Naranbhai Ramdas Thro' Legal Heirs reported in 2005 (1) G.L.H. 505.
Gujarat High Court Cites 3 - Cited by 0 - P Upadhyay - Full Document
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