Back
DIVYESH A. JOSHI
Lhs Of Bavaji Hiragar S/O Motigar – Appellant
Versus
Aahir Rajshibhai, S/o. Aapabhai Ramu – Respondent
JUDGMENT :
DIVYESH A. JOSHI, J.
1. With the consent of learned advocates for the parties, this matter has been taken up for final disposal.
2. Rule. Learned advocate, Mr. Monal Chaglani waives service of notice of rule for respondent.
3. By filing instant petition under Article 227 of the Constitution of India as well as under the provision of the Order 41, Rule 5 and under Section 151 of the Civil Procedure Code, the petitioners have challenged the order dated 23.01.2023 passed below application, Exh.5 by the learned Additional District Judge, Una in Regular Civil Appeal No.1/2023 (Annexure-A) and thereby prayed for relief as prayed in Paragraph No.7(1) of the application, Exh.5 in Regular Civil Appeal No.1/2023.
4. The brief facts leading to the filing of the present petition are as under,
The court emphasized the necessity of maintaining status quo in property disputes until final resolution, reinforcing prior judicial orders.
Order passed under Order 39 Rules 1 and 2 of CPC, is an interim order and it is not required to mention about each and every document produced on record.
Amendment of plaint – If amendment is necessary for deciding real controversy between parties and for arriving at a just conclusion, such amendment could be allowed even at a late stage.
Point of law: Validity of, and effect of S. 52 – Doctrine of lis pendens is based on ground that it is necessary for administration of justice that decision of a court in a suit should be binding not....
Amendments to pleadings under Order VI Rule 17 of the CPC should not change the nature of the suit or introduce new causes of action, and must be necessary for the proper adjudication of the case wit....
Suppression of revenue proceedings setting aside relied-upon mutation constitutes unclean hands, disentitling temporary injunction; High Court under Article 227 will not re-appreciate evidence or int....
The court upheld that concurrent findings of fact by lower courts should not be disturbed unless proven perverse, reinforcing the principle that claims related to property must be initiated within th....
A party claiming occupancy rights must provide authentic documentation; the reliance on disputed or fabricated orders leads to dismissal of such claims.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
