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2024 Supreme(Guj) 5

DEVAN M. DESAI
Himmatbhai Arjanbhai Savani – Appellant
Versus
Ghanshyambhai Bachubhai Vadiwala – Respondent


Advocates Appeared:
For the Petitioners: Aayog Y. Doshi, Mr. Abhesinh S. Rana, Mr. S.P. Majmudar.
For the Respondents: Mr. Jigar M Patel, MS. K.J. Brahmbhatt, Ms. Varsha Brahmbhatt, Notice Served By DS, Pooja H. Bhardwaj.

ORDER :

1. Heard leaned advocate Mr. S. P. Majmudar for the petitioners, learned Senior Advocate Mr. Dhaval C. Dave with learned advocate Mr. Jigar M. Patel for respondent Nos.3 to 5 and learned advocate Ms. Pooja H. Bhardwaj for K. J. Brahmbhatt for respondent No.2.

2. Upon joint request and consent of learned advocates for respective parties, this matter is taken up for final hearing.

3. By way of this petition under Article 227 of the Constitution of India, the present petitioners have prayed for the following reliefs.

    “(A)The Hon’ble Court be Court be pleased to quash and set aside the impugned order dated 18.06.2016 passed below Exhibit 26 in Special Civil Suit No.447 of 2014 by the 16th Additional Senior Civil Judge, Surat.

(B) During pendency and final disposal of the present petition the Hon’ble Court be pleased to stay any further proceedings in Special Civil Suit No.447 of 2014 before the 16th Additional Senior Civil Judge, Surat.

(C) ...xxx”

4. Brief facts of the case are as under.

4.1. The petitioners original plaintiffs have filed Special Civil Suit No.447 of 2014 against the present respondent Nos.1 and 2 for a relief of specific performance of the agreement to sell da

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