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2009 Supreme(Guj) 173

J.C.UPADHYAYA
Jayeshkumar Chhakaddas Shah – Appellant
Versus
Gordhanji S/o Mafaji Motiji Thakor – Respondent


Advocates:
Appearance :
Mr. A.J. Patel, Sr. Counsel with Mr. Paresh M. Darji, for the Petitioner No. 1.
None, for the Respondents No.: 1, 3.2.1, 3.2.2, 3.2.3.
Ms. Trusha K. Patel, for the Respondents No. 1.2.1, 1.2.2, 1.2.3, 1.2.4.
Notice Served, by DS for the Respondent No. 2.
Rule Served, for the Respondent No. 2.
Mr. Tattvam K. Patel, for the Respondent No. 3.

Judgment

J.C. Upadhyaya, J.—The petition filed under Article 227 of the Constitution of India contains the following prayers:—

“18. A. This Honorable Court be pleased to issue a writ of or in the nature of certiorari quashing and setting aside the order dated 10/09/2007 passed below Exhibit 29 in Special Civil Suit No. 89 of 2006, by the learned 8th Additional Senior Civil Judge, Gandhinagar,

B. Pending admission and final hearing of this petition, the Honorable Court may be pleased to stay the execution and operation and implementation of the order dated 10/09/2007 passed below Exhibit 29 in Special Civil Suit No. 89 of 2006, by the learned 8th Additional Senior Civil Judge, Gandhinagar,

C. Pending admission and final hearing of this petition, the Honorable Court may be pleased to stay the further proceedings / hearing of Special Civil Suit No. 89 of 2006, pending before the learned 8th Additional Senior Civil Judge, Gandhinagar.”

2. The facts leading to the petition, in brief, are as under :—

2.1. The deceased father of the Respondent No. 1 herein named Mafaji Motiji Thakore filed Special Civil Suit No. 89 of 2006 in the Court of the Ld. Senior Civil Judge, Gandhinagar against the Resp































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