KANAIYALAL CHANDULAL GANESHWALA vs ZUBEDABIBI D/O GULAM AHMAD DECEASED THROUGH LEGAL HEIRS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(Guj) 451

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR.JUSTICE M.R. SHAH
KANAIYALAL CHANDULAL GANESHWALA - Petitioner(s)
Versus
ZUBEDABIBI D/O GULAM AHMAD DECEASED THROUGH LEGAL HEIRS & 5 - Respondent(s)
SPECIAL CIVIL APPLICATION No. 12327, 12328, 12344, 12327, 12345, 12346, 12347, 12348, 12349 of 2008
Decided on : 18/12/2008

Advocates appeared:
MR RS SANJANWALA for Petitioner(s): 1,
MR SP MAJMUDAR for Respondent(s): 1 - 6.
MR PP MAJMUDAR for Respondent(s): 1 - 6.

Headnote:
Constitution of India, 1950 - Article 227 - Specific Relief Act, 1963 - Section 22 - Civil Procedure Code, 1908 - Order 6, Rule 17 - Special Civil Application is filed by the petitioner under Article 227 of the Constitution of India challenging the impugned order passed by the Principal Civil Judge, in Regular Civil Suit in dismissing the application submitted by the petitioner-original plaintiff to amend the plaint by adding the prayer of possession with respect to the disputed land in question - Held, Impugned orders passed by trial Court rejecting the applications for amendment in the plaint deserves to be quashed and set aside on imposing reasonable cost - Orders passed by Principal Civil Judge are quashed and set aside - Application allowed

JUDGMENT

1. As common question of law and fact arise in these petitions, they are being disposed of by this common judgement and order.

2 Special Civil Application No. 12327/2008 is filed by the petitioner under Article 227 of the Constitution of India challenging the impugned order passed by the learned Principal Civil Judge, Hansoth dated 02/08/2008 below Exh. 73 in Regular Civil Suit No. 33/2005 in dismissing the application submitted by the petitioner-original plaintiff to amend the plaint by adding the prayer of possession with respect to the disputed land in question.

2.1. Special Civil Application No. 12328/2008 is filed by the petitioner under Article 227 of the Constitution of India challenging the impugned order passed by the learned Principal Civil Judge, Hansoth dated 02/08/2008 below Exh. 67 in Regular Civil Suit No. 29/2006 in dismissing the application submitted by the petitioner-original plaintiff to amend the plaint by adding the prayer of possession with respect to the disputed land in question.

2.2. Special Civil Application No. 12344/2008 is filed by the petitioner under Article 227 of the Constitution of India challenging the impugned order passed by the learned Principal Civil Judge, Hansoth dated 02/08/2008 below Exh. 83 in Regular Civil Suit No. 36/2005 in dismissing the application submitted by the petitioner-original plaintiff to amend the plaint by adding the prayer of possession with respect to the disputed land in question.

2.3. Special Civil Application No. 12345/2008 is filed by the petitioner under Article 227 of the Constitution of India challenging the impugned order passed by the learned Principal Civil Judge, Hansoth dated 02/08/2008 below Exh. 86 in Regular Civil Suit No. 37/2005 in dismissing the application submitted by the petitioner-original plaintiff to amend the plaint by adding the prayer of possession with respect to the disputed land in question.

2.4. Special Civil Application No. 12346/2008 is filed by the petitioner under Article 227 of the Constitution of India challenging the impugned order passed by the learned Principal Civil Judge, Hansoth dated 02/08/2008 below Exh. 81 in Regular Civil Suit No. 35/2005 in dismissing the application submitted by the petitioner-original plaintiff to amend the plaint by adding the prayer of possession with respect to the disputed land in question.

2.5. Special Civil Application No. 12347/2008 is filed by the petitioner under Article 227 of the Constitution of India challenging the impugned order passed by the learned Principal Civil Judge, Hansoth dated 02/08/2008 below Exh. 82 in Regular Civil Suit No. 34/2005 in dismissing the application submitted by the petitioner-original plaintiff to amend the plaint by adding the prayer of possession with respect to the disputed land in question.

2.6. Special Civil Application No. 12348/2008 is filed by the petitioner under Article 227 of the Constitution of India challenging the impugned order passed by the learned Principal Civil Judge, Hansoth dated 02/08/2008 below Exh. 39 in Regular Civil Suit No. 28/2006 in dismissing the application submitted by the petitioner-original plaintiff to amend the plaint by adding the prayer of possession with respect to the disputed land in question.

2.7. Special Civil Application No. 12349/2008 is filed by the petitioner under Article 227 of the Constitution of India challenging the impugned order passed by the learned Principal Civil Judge, Hansoth dated 02/08/2008 below Exh. 85 in Regular Civil Suit No. 32/2005 in dismissing the application submitted by the petitioner-original plaintiff to amend the plaint by adding the prayer of possession with respect to the disputed land in question.

3. All the aforesaid suits are filed by the respective petitioner-original plaintiff for specific performance of respective agreement to sell/satakhat. It appears that in the aforesaid suits, prayer with respect to possession was not sought and, therefore, the respective petitioner-original

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