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2022 Supreme(Guj) 1662

ASHOKKUMAR C. JOSHI
Mukeshbhai Jayantilal Jayswal – Appellant
Versus
Alarakhbhai Yusufbhai Juneja – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M B Parikh
For the Respondent: Ms. Nidhika P Zaveri

JUDGMENT :

1. Rule.

2. The substantive prayer which is made in this petition under Articles 226 and 227 of the Constitution of India, filed at the instance of the petitioner – original plaintiff, is as follows:

    “7(B) Your Lordships may be pleased to issue writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned order at Annexure A, dated: 21/07/2020 passed by the Ld. Principal District Judge, Amreli in Civil Misc. Appeal No. 17/2018 confirming the judgment and order dated 17/12/2018 passed by the Ld. Principal Civil Judge, Lathi in application below Ex. 5 filed in Regular Civil Suit No. 36 of 2018 and further Your Lordships be pleased to allow the application below Ex. 5 as prayed for by the plaintiffs.”

3. Heard, learned advocate Mr. M. B. Parikh for the petitioners – original plaintiff and learned advocate Ms. Nidhika Zaveri for the respondent.

3.1 The learned advocate for the petitioner submitted that both the learned Courts below have committed error in rejecting the injunction application Exh. 5 preferred by the petitioners – plaintiff. He submitted that the learned Courts below have committed an error in appreciating the factual

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