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1995 Supreme(Guj) 248

A.N.DIVECHA
Shrimant Sangramsinh Pratapsinhrao Gaekwad – Appellant
Versus
Shantadevi Pratapsinh Gaekwad – Respondent


Advocates Appeared: A.J.PATEL, A.M.SANGHVI, B.G.Patel, G.L.SINGHVI, J.R.SHAH, KAILASH JETHMALANI, KRISHNA KUMAR, MILIND VASUDEV, SHYAM MEHTA, UMESH SHETTY

A. N. DIVECHA, J.

( 1 ) THE order passed by the learned civil Judge (S. D.) at Vadodara on 15th july 1993 below the application at exhibit-106 in Special Civil Suit No. 725 of 1991 is under challenge in this revisional application under Section 115 of the Civil Procedure Code, 1908 (the code for brief ). By his impugned order, the learned trial Judge directed the application at Exhibit-105 in the same suit to be heard first.

( 2 ) THE facts giving rise to this revisional application may be summarised thus : The present petitioner filed- one suit against the respondents herein in the Court of the Civil Judge (S. D.) at Vadodara for partition and possession of his share in the properties mentioned therein. For the sake of convenience, I shall refer to the parties in this proceeding as they have been arrainged in the suit proceeding, that is, the petitioner as the plaintiff and the respondents as the defendants. The suit came to be registered as Special Civil suit No. 725 of 1991. It appears that the plaintiff therein took out one application for interim relief and another application for appointment of a Commissioner for inventory. Those applications were taken on record as Exhibits











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