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J.B.PARDIWALA
Atulbhai Magnaji Dudhrejia – Appellant
Versus
Ghanshyambhai Hirjibhai – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Shashwat Shukla with Mr. S.P. Majmudar, Advocates
For the Respondent:Mr. Kirtidev R. Dave and Mr. MIG Mansuri, Advocates

JUDGMENT (IA CAV)

J.B. Pardiwala, J.—By this application, the applicants have prayed for the following reliefs:

“[A] Your Lordships may be pleased to allow the present application.

[B] Your Lordships may be pleased to recall judgment and order dated 10.05.2019 passed by this Hon’ble Court in First Appeal NO.10.05.2019 of 2019 (at Annexure-I hereto)

[C] During the pendency and final disposal of the present application Your Lordships may be pleased to stay the implementation, operation and execution of the judgment dated 10.05.2019 passed by this Hon’ble Court in First Appeal No.124 of 2014 (at Annexure-I hereto), and may further be pleased to stay the proceedings of Special Suit No.30 of 2011 pending before the Ld. Senior Civil Judge, Surendranagar.

[D] Such other and further reliefs as may be deemed just and proper in the facts and circumstances of the present case may kindly be granted.”

2. The subject matter of challenge in the First Appeal No.124 of 2014 was the judgement and order passed by the Principal Senior Civil Judge, Surendranagar dated 30th November 2013 below Exhibit : 45 in the Special Civil Suit No.30 of 2011, by which the Civil Judge rejected the plaint unde

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