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2019 Supreme(Guj) 919

BIREN VAISHNAV
Manoramya Resorts and Hotels Pvt. Ltd. – Appellant
Versus
Tinaben Behram Mehta – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. S.N. Soparkar, Mr. P.M. Buch.
For the Respondents: Mr. Mihir Thakore, Mr. Anuj K. Trivedi, Mr. Anshin Desai, Mr. Parth Contractor, Mr. R.S. Sanjanwala, Ms. Sanskruti Shukla.

JUDGMENT :

BIREN VAISHNAV, J.

1. These applications have been filed by two parties, namely, Koteshwar Mahadev Hindu Sarvajanik Trust (Plaintiff of Special Civil Suit No. 260 of 1994 before the Court of the Learned Civil Judge (SD) Ahmedabad (Rural), which subsequently came to be transferred to the Court of the learned Senior Civil Judge, Gandhinagar and renumbered as Special Civil Suit No. 302 of 1995, hereinafter referred to as plaintiff of Special Civil Suit No. 302 of 1995/Koteshwar Trust) and Manoramya Resorts and Hotels Pvt. Ltd. (Plaintiff of Special Civil Suit No. 263 of 1994 before the learned Civil Judge (SD), Ahmedabad (Rural), which subsequently came to be transferred to the Court of the learned Senior Civil Judge, Gandhinagar and renumbered as Special Civil Suit No. 303 of 1995, hereinafter referred to as the plaintiff of Special Civil Suit No. 303 of 1995/Manoramya Resorts).

1.1 Since in both the Applications the prayers are identical, the prayer made in Civil Application 1 of 2019 in Special Civil Application No. 3409 of 2007 is quoted and reads as under:

    “5. In view of the aforesaid, the Applicant herein humbly prays as under:-

(i) This Hon’ble Court may be pleased to all

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