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2021 Supreme(Guj) 734

B. N. KARIA
BHAVNABEN PRAKASHBHAI PATEL – Appellant
Versus
LEGAL HEIRS OF DECEASED JAYSHUKHBEN D/O THAKOREBHAI – Respondent


Advocates Appeared:
For The Appellant : MR HR PRAJAPATI
For The Respondent: MR AB MUNSHI, MR SP MAJMUDAR, MS NIYATI B KATIRA

JUDGMENT :

1. Rule returnable forthwith. Learned advocate Mr. S.P. Majmudar waives service of notice of rule for and on behalf of respective respondents in Special Civil Application No.9554 of 2016 and Special Civil Application No.9316 of 2016. Learned advocate Mr. A.B. Munshi waives service of notice of rule for and on behalf of respective respondents in Special Civil Application No.9554 of 2016 and Special Civil Application No.3937 of 2013.

2. In the present three petitions, respective parties in the Special Civil Suit No.127 of 2009 have challenged the legality and validity of the order passed below Exh.8 as well as Exh.65 preferred under Order 6 Rule 17 of the Code of Civil Procedure wherein application Exh.8 was rejected by the court below vide order dated 16.02.2013 whereas Exh.65 was allowed by the Lower Court vide order dated 21.03.2016. Aggrieved parties have preferred three different petitions before this Court challenging the same order passed below Exh.8 and Exh.65. Original plaintiffs in Special Civil Suit No.127 of 2009 have preferred Special Civil Application No.3937 of 2013 challenging the order passed below Exh.8 dated 16.02.2013 and respective defendants in Special

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