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2014 Supreme(Guj) 75

K.M.THAKER
SHAILESHBHAI OCCHAVLAL KADAKIYA THROUGH POA PRAVINCHANDRA – Appellant
Versus
PANNALAL MITHALAL DARJI L. H. OF MITHALAL MOTILAL DARJI – Respondent


Advocates Appeared:
MR PRADEEP PATEL, ADVOCATE for the Petitioner(s) No. 1
MR V.M. DHOTRE, ADVOCATE for the Respondent(s) No. 1-3
MR. MAYUR V. DHOTARE, ADVOCATE for the Respondent(s) No. 1-3

JUDGMENT

K.M. THAKER, J.

1. In present petition, the petitioner has prayed, inter alia, that:

“19(B) Be pleased to issue a Writ of Certiorari or any other appropriate Writ, Order, or direction quashing and setting aside the impugned Orders dated 15212 and 8/10/12 (Annexure A collectively) passed by the Ld. Additional District Judge, Dahod, passed below Ex.16 and 20 respectively in Regular Civil appeal No.2/2010 after holding the same as contrary to law and evidence on record and be pleased dismiss Ex.16 application filed by the respondents in R.C.A. No.2/2010.”

2. So far as the facts are concerned, it has emerged from the record that father of present respondents No.1 to 3 filed a suit being Regular Civil Suit No.93 of 2004 against present petitioner.

2.1 In the said suit, respondents No.1 to 3 plaintiffs prayed for declaration and permanent injunction with regard to a shop (suit property) allegedly taken on rent.

2.2 The suit was opposed by the defendant (present petitioner) and written statement was filed at Exh.6.

2.3 It appears that during the pendency of the said suit, father of present respondents No.1 to 3 died and that, therefore, an application for impleading the heirs (present

























































































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