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2021 Supreme(Guj) 796

B.N.KARIA
Champalal Gulabji – Appellant
Versus
Manoharsinh Dilubha Vaghela – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Devang Lathigara, Mr. H.R. Lathigara.
For the Respondent: Mr. Amrish K. Pandya.

ORDER :

1. Rule. Mr. Amrish K. Pandya, learned advocate waives service of notice for and on behalf of respondent no. 1.

2. Though notice was served upon respondent no. 2, nobody has appeared on behalf of respondent no. 2.

3. By preferring this petition under Articles 16 and 19 of the Constitution of India, the petitioners have challenged the order dated 11.02.2021 passed by the learned Principal Senior Civil Judge, Sanand below Exh.158 in Special Civil Suit No. 549 of 2017 requesting to permit him to examine the witness.

4. Heard Mr. Devang Lathigara, learned advocate for the petitioners and Mr. Amrish K. Pandya, learned advocate for respondent no. 1.

5. It was submitted by learned advocate for the petitioners that Special Civil Suit No. 549 of 2017 was filed by the plaintiff-respondent no. 1 herein before the Court of learned Principal Senior Civil Judge, Ahmedabad (Rural) for specific performance, declaration and permanent injunction. It was further submitted that the petitioners are the original defendants and have resisted the suit by filing a detailed written statement at Exh.16 on 20.04.2014 containing that they have not executed any such power of attorney in favour of the defenda

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