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2009 Supreme(Guj) 728

M. R. SHAH
Prabodhkumar Maganbhai Patel – Appellant
Versus
Modasa Kadva Patidar Chhatralaya – Respondent


Advocates Appeared:
For the Petitioner:R.C. Jani, Advocate
For the Respondent:Mihir Johsi, Sr. Advocate With Sunil S. Joshi, Advocate

JUDGMENT :

M.R. Shah, J.

Draft amendment allowed in Special Civil Application No. 4545 of 2009

2. Rule. Shri Sunil Joshi, learned advocate waives service of notice of rule on behalf of respondent Nos. 4 to 11 who are the main contesting respondents.

3. As common question of law and facts arise in these group of petitions and the dispute is with respect to one Trust i.e. Modasa Kadva Patidar Trust, all these petitions are disposed of by this common judgment and order.

4.1. Special Civil Application No. 4545 of 2009 has been preferred, under Article 227 of the Constitution of India, by the petitioner herein original plaintiff for an appropriate writ, direction and order to quash and set aside the judgment and order dated 31.3.2009 passed by the learned 3rd Addl. Civil Judge (J.D.), Modasa passed below Exh. 5 in Regular Civil Suit No. 65 of 2008 in not granting the interim injunction as prayed for, as well as the order passed by the learned 3rd Joint District Judge, at Modasa, District: Sabarkantha dated 28.4.2009 passed in C.A.F.O. No. 22 of 2009 in dismissing the same and confirming the order passed by the learned trial Court passed below Exh. 5 in aforesaid Regular Civil No. 65 of 2008.

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