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2008 Supreme(Guj) 221

M.R.SHAH
DARSHANABEN WD/O PRAKASHBHAI RATILAL PANCHAL (DHARVA PARMAR) – Appellant
Versus
SHANTIBHAI RATILAL PARMAR (DHARVA PARMAR) – Respondent


Advocates appeared
MR AMIT N PATEL for Appellant(s)
MR NILESH M SHAH for Respondent(s)
MR MB GANDHI for Respondent(s)
MR CHINMAY M GANDHI for Respondent(s)

ORAL JUDGMENT

1. Mr.Nilesh M.Shah, learned advocate waives the service of notice of admission on behalf of the respondent Nos.1, 3, 4 and 6 and Mr.M.B. Gandhi, learned advocate waives the service of notice of admission on behalf of the respondent Nos.2,5,7 and 8.

2. With the consent of the learned advocate appearing on behalf of the respective parties, Appeal From Order is taken up for final hearing today.

3. In the present Appeal From Order, the appellants herein original plaintiffs have challenged the order passed by the learned Chamber Judge, City Civil Court No.5, Ahmedabad dtd.16/7/2007 below notice of motion in dismissing the notice of motion mainly on the ground that the City Civil Court would not have any jurisdiction to entertain the suit in question in view of secs.7 and 8 of the Family Courts Act.

4. The appellants herein original plaintiffs have filed Civil Suit No.1038 of 2004 in City Civil Court at Ahmedabad seeking various reliefs inter-alia for partition of the properties of Joint Hindu Family of the original defendants and for accounts as prayed in para 7 of the plaint. In the said suit, the plaintiffs have taken out notice of motion seeking temporary injunction res









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