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2024 Supreme(Guj) 429

VAIBHAVI D. NANAVATI
Amthabhai Desai – Appellant
Versus
Meera Education Trust Through Authorized Trustee Farzan Kureshi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. MEHUL SHAH, assisted by MR. D.P. KINARIWALA
For the Respondent: MR. DHAVAL DAVE, SENIOR COUNSEL assisted by MR ASHISH H SHAH

JUDGMENT :

1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, is directed, being aggrieved and dissatisfied by the impugned order dated 07.03.2024 passed below Exh.9, rejecting the application filed by the applicants for returning the plaint, under Order-7 Rule-10 of the Code of Civil Procedure, 1908, in Special Civil Suit No. 175 of 2023 by the 4th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Vadodara, copy of the said order is duly produced at Annexure-A.

2. Brief facts leading to the filing of the present Application reads thus:

2.1. The respondent No.1 herein has filed Suit being Special Civil Suit No. 175 of 2023 before the Court of Senior Civil Judge, Vadodara for declaration and direction alongwith the prayer of permanent injunction. The Suit was filed with respect to the property situated behind Swaminarayan Temple on Survey No. 49, City Survey No. 749 at Atladara, Vadodara. So far as the prayer of declaration is concerned, it is prayed that the respondent No.1 is running a school in the capacity of the tenant. It was prayed that respondents have no right to interfere with the possession and with the edu

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