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2024 Supreme(Guj) 663

VAIBHAVI D. NANAVATI
Durgaben D/o Natvarlal Parmar W/o Amrutbhai Parmar – Appellant
Versus
Sabarmati Harijan Ashram Trust – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR KV SHELAT
For the Respondent:MR KAMAL TRIVEDI, LD. ADVOCATE GENERAL for G H VIRK

ORDER :

1. Heard Mr. K.V. Shelat, learned advocate appearing for the applicant and Mr. Kamal Trivedi, learned Advocate General appearing for Mr. G.H. Virk, learned advocate appearing on caveat for the opponent No.8.

2. The revisionist – applicant herein is the original plaintiff having preferred HRP Suit No.110 of 2022 before the learned Small Causes Court, Ahmedabad, for declaration as a tenant and injunction that the possession of the plaintiff tenant should not be disturbed or dispossessed without following due process of law. Ad-interim relief came to be granted in the said proceedings below Exh.6 of maintaining status-quo qua the suit property, which has continued. The defendants – opponents herein gave Exh.30 application under Order VII Rule 11 of the Code of Civil Procedure, 1908 containing that the learned Small Causes Court does not have jurisdiction to grant relief and that, the suit be rejected. On behalf of the revisionist - plaintiff, the advocate for the plaintiff submitted arguments; both for Exh.6 interim injunction application and application below Exh.30 under Order VII Rule 11 of the Code of Civil Procedure, 1908.

2.1 On 20.12.2022, the defendant’s advocate applied

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