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2021 Supreme(Guj) 757

B.N.KARIA
Umesh Ashok Kumar Sharma – Appellant
Versus
Khaganyalsingh Kishansingh Thakore – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: AAYOG Y DOSHI
For the Respondent: MR TEJAS P SATTA

ORDER :

1. Rule returnable forthwith. Mr. Tejas P.Satta, learned advocate waives service of notice of rule for and on behalf of the respondent.

2. The petitioner has challenged the order dated 23rd November, 2017 passed by the City Civil Court, Ahmedabad in Civil Suit No. 82 of 2017 in Chamber Summons below Exh. 19 wherein, learned Judge partly allowed the Chamber Summons of the petitioner by directing the respondent to deposit sum of Rs.200/- per month as mesne profit instead of monthly contractual sum of Rs.800/-. The petitioner has prayed for the following reliefs :-

    “(A) Your Lordships may be pleased to issue an order and/or direction to quash and set aside the impugned order dated 23.11.2017 passed by the Hon’ble City Civil Court, Ahmedabad in Civil Suit No. 82 of 2017 in chamber summons below Exhibit 19(Annexure “H”).

(B) Your Lordships may be pleased to issue an order and/or direction directing the respondent to pay a monthly sum of Rs.800/- to the petitioner as mesne profits during the pendency and final disposal of the Civil Suit No. 82 of 2017 pending before the Hon’ble City Civil Court, Ahmedabad.

(C) During the pendency and final disposal of the present petitioner, Your Lord

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