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2021 Supreme(Guj) 1239

ASHOKKUMAR C.JOSHI
Vasantlal Thakorda Mali – Appellant
Versus
Atulbhai Chotubhai Desai – Respondent


Advocates Appeared:
For the Petitioners: Mr. S.P. Majmudar, Mr. Krutarth K. Pandya
For the Respondents: Mr Arpit Kapadia for Ms. Shaili, A. Kapadia.

JUDGMENT :

1. Present petition under Articles 14, 21, 226 and 227 of the Constitution of India is preferred by the petitioner – original plaintiff with a prayer to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the order dated 21.12.2017, passed by the learned Principal Senior Civil Judge and Chief Judicial Magistrate, Bardoli, below exh. 75 in Regular Civil Suit No. 42 of 2010 and further to allow the amendment application, exh. 75.

2. Notice to respondent Nos. 5, 8 and 9 has been duly served long back, however, none has appeared for them.

3. Rule. Learned advocate Mr. Arpit Kapadia for learned advocate Ms. Shaili Kapadia waives service for the respondent Nos. 1, 2, 3, 4, 6 and 7. With the consent of the learned advocates for the parties present, the matter is taken up for final hearing today.

4. Facts in nutshell of the case on hand are that the petitioner - original plaintiff instituted a civil suit for specific performance being Regular Civil Suit No. 42 of 2010 against the respondents – original defendants. It is the case of the petitioner – plaintiff that the dispute pertains to a la

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