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2022 Supreme(Guj) 73

ASHOKKUMAR C.JOSHI
Rajendrabhai Maganbhai Koli – Appellant
Versus
Shantaben Maganbhai Koli – Respondent


Advocates:
Advocate Appeared:
For the Appellant :A.V. Nair, Advocate

JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. Rule.

2. This petition, under Article 227 of the Constitution of India, the petitioner-original defendant No. 2 has prayed for to issue a writ of certiorari or any other writ, order or direction, in the nature of writ of certiorari, by quashing and setting aside the order dated 21.08.2019 passed by the learned Additional Civil Judge, Bodeli in the application Exh. 18 in Regular Civil Suit No. 50 of 2018 and the order dated 13.01.2020 passed by the learned Additional District Judge, Chhotaudepur below Exh. 6 in Misc. Civil Appeal No. 27 of 2019 and further be pleased to permit the filing of the written statement.

3. At the outset, it may be noted that though served and although sufficient opportunity is given to the respondents, they have put in no appearance. Accordingly, the Court had no option but to proceed with the matter.

4. The learned advocate for the petitioner-original defendant No. 2 submitted that the respondent No. 1-original plaintiff has filed a suit being Regular Civil Suit No. 50 of 2018 before the concerned Civil Court at Bodeli for declaration and permanent injunction and partition in respect of the suit property being agricultural

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