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2003 Supreme(Guj) 83

KUNDAN SINGH
BHAGWANBHAI KARAMANBHAI BHARVAD – Appellant
Versus
AROGYANAGAR CO OPERATIVE HOUSING SOCIETY LIMITED – Respondent


Advocates Appeared: ASPI M.KAPADIA, M.C.BHATT, MIHIR J.THAKOR, S.B.VAKIL, Shital R.Patel, YOGESH S.LAKHANI

KUNDAN SINGH, J.

( 1 ) RULE. Heard the learned counsel for the parties. Both these petitions are filed against the judgment and order dated 30-8-2002 passed by the Fourth Extra Assistant Judge, Ahmedabad (Rural), Navrangpura in Misc. Civil Appeals No. 95 of 2001 and 96 of 2001. As both these petitions are arising out of the same judgment and order of the trial Court, these petitions are disposed of by common judgment.

( 2 ) THE plaintiff filed Regular Civil Suit No. 513 of 1999 for declaration and permanent injunction along with the application exh. 5 for interim injunction. The defendants also filed an application exh. 51 for vacating ex-parte interim order, wherein both the parties were directed to maintain status-quo vide order dated 23-11-2001 by the trial Court. Initially, the ex-parte order was passed by the trial Court but subsequently after hearing both the parties to the aforesaid suit, the final order of status-quo was passed allowing the application exh. 5 and confirmed the ex-parte interim order and rejected the application exh. 51 of the defendants. Against the said common judgment and order dated 23-11-2001 passed in the aforesaid civil suit, the plaintiff also filed C
























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