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2016 Supreme(Guj) 810

S.G.SHAH
Mahalaxmi Cooperative Housing Society Limited – Appellant
Versus
Suketubhai Jayantilal Shah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:A.S. Vakil, Advocate.
For the Respondents:S.N. Shelat, Senior Counsel with S.P. Majmudar, Advocate, Shashvata U. Shukla, Advocate.

JUDGMENT

S.G. Shah, J. (CAV) - Pursuant to order dated 27.10.2015 in Civil Application (for vacating interim relief) No. 11455 of 2015, parties have agreed to decide the matter finally instead of deciding Civil Application, which would ultimately result into carrying out same set of exercise by all concerned.

2. By an order dated 25.06.2015 co - ordinate bench of this Court has while issuing notice to respondent 1/1 to 1/5 only granted ad-interim-relief, whereby impugned order dated 27.02.2015 below exhibit 275 in Special Civil Suit No. 270 of 2000 by the learned 2nd Additional Sr. Civil Judge, Ahmedabad (Rural) was stayed.

3. Petitioner before this Court is proposed defendant No.11 whereas respondent Nos. 1/1 to 1/4 are original plaintiffs and respondent Nos. 2 to 11 are original plaintiffs and respondent Nos.2 to 11 are original defendants in such Civil Suit No. 270 of 2000 wherein the trial Court has while allowing the application at exhibit 275 to join proposed defendant by the same order, the prayer to amend the pleadings was also allowed.

4. Being aggrieved by such order of joining present petitioner as party - defendant in such suit, petitioner has preferred this petition under

















































































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