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2021 Supreme(Guj) 846

ASHOKKUMAR C.JOSHI
Shakuntalaben – Appellant
Versus
Chunilal Dhulabhai Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Amit N. Patel
For the Respondents: Pushpadatta Vyas

JUDGMENT

Dr. Ashokkumar C. Joshi, J.

1. By way of this petition the petitioner-original defendant prays for the following reliefs:

    "(A) A writ of certiorari or any other appropriate writ, order or direction may kingly be issued quashing and setting aside the order dated 02.01.2020, passed by the Court of the Ld. Addl. Civil Judge, Jambusar, below Exh. 160 in Regular Civil Suit No. 77 of 2001 at Annexure-'A' in the interest of justice.

(B) Pending hearing and final disposal of the present Special Civil Application, kingly stay the implementation of the impugned order dated 02.01.2020 passed by the Court of the Ld. Addl. Civil Judge, Jambusar, below Exh. 160 in Regular Civil Suit No. 77 of 2001 at Annexure-'A' in the interest of justice.

(C) Any other and/or further orders that may be deemed necessary in the interest of justice may kindly be passed."

2. The factual matrix of the case is that the respondent nos. 4 and 5 herein filed an application under Order 22 Rule 3 below Exh. 160 in Regular Civil Suit No. 77/2001, praying for to join them as legal representatives of deceased plaintiff no. 2 namely Jayantibhai Motibhai Patel. The said application was opposed by the petitioner herein on

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