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2022 Supreme(Guj) 441

A.G.URAIZEE
Popular Estate Management Ltd. – Appellant
Versus
Gunjan Paints Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Prithu Parimal
For the Respondent: Mr Jamshed Kavina, Mr SP Majmudar

JUDGMENT :

1. The petitioner has preferred this petition under Article 226 & 227 of the Constitution of India for writ of certiorari, and/or a writ in the nature of certiorari, and/or and other appropriate writ/order/direction, quashing and setting aside the impugned order dated 11.11.2020 passed by learned 6th Additional Civil Judge, Ahmedabad (Rural) below Exhibit – 5 in R.C.S. No.23 of 2020 and to quash and set aside order dated 3.6.2021 passed by learned 9th Additional District and Sessions Judge, Ahmedabad (Rural) in Misc. Civil Application No.21 of 2020.

2. I have heard Mr. I.H. Syed, learned senior advocate assisted by Mr. Pithu Parimal, learned advocate for the petitioner and Mr. S.P. Majmudar, learned advocate on caveat for respondent.

3. The petition is heard for final disposal at the admission stage with the consent of learned advocates for the parties.

4. The facts giving rise to the present petition as could be gathered from the memo of petition and connected material are as under:-

    4.1. The present dispute is arising out of office space admeasuring 2950 sq. ft. Bearing unit no.81, situated at “New York Tower”, Nr. Thaltej Cross Roads, Thaltej, Ahmedabad. The respondent is

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