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2013 Supreme(Guj) 749

R.D.KOTHARI
Ram Shyam Traders – Appellant
Versus
Kamlaben Ramanbhai Patel – Respondent


Advocates Appeared:
For the Petitioner:Mr. Y.N. Oza, Senior Advocate with Mr. Rajesh K Savjani, Advocate
For the Respondent:Mr. Viral K. Shah, Advocate, D.S. Aff. Not Filed

JUDGMENT :

R.D. Kothari, J.

In the present petition under Article 227 of the Constitution of India, the petitioner prays to quash the suit instituted before the City Civil Court, Ahmedabad by the present respondents.

1.1 The main prayers of the petitioner in the petition are as under:

    (A) …......

(B) Be pleased to issue a writ of mandamus, writ of prohibition and/or writ of certiorari declaring the decision making process of City Civil Court, Ahmedabad in issuance of notice and proceedings of Civil Suit NO.1784 of 2013 as illegal, without jurisdiction and contrary to the mandatory provisions of Gujarat Co-operative Societies Act, 1961 and be further pleased to quash and set aside the proceedings of Civil Suit No. 1784 of 2013 pending before City Civil Court, Ahmedabad.

(C) Be pleased to issue a writ of mandamus and/or writ of certiorari or any other appropriate writ, order or direction in the nature of mandamus declaring the proceedings initiated by respondent No.1 to 4 (original plaintiffs) of Civil Suit No. 1784 of 2013 before City Civil Court,Ahmedabad is an abuse of process of Court and be further pleased to quash and set aside the proceedings of Civil Suit No. 1784 of 2013 and order

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