HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
M/S. KAMAL AND CO. – Appellant
Versus
ABDULLAMIYA ABDUL REHMAN TOPIWALA – Respondent
ORAL ORDER
1. Heard learned advocate Mr.Chinmay Gandhi for the petitioners and learned advocate Mr.Tejas Satta for learned advocate Mr.Anip Gandhi for respondent nos.2,3 and 4.
2. The petition challenges order dated 04.02.2019 passed by the learned Judge, City Civil Court No.6, Ahmedabad below application Exh.42 in Regular Civil Suit No.3883 of 2001. This application was filed by the third party under Order 1 Rule 10 of CPC read with section 151 of CPC to join them as party - plaintiff. This application was rejected. Hence, present petition.
3. Learned advocate Mr.Chinmay Gandhi for the petitioner would submit that disputed property which was sold to the plaintiff - Kamalsingh Ahluwaliya by Mehboob Trust through its Trustees by executing agreement to sale dated 25.06.1993 was not specifically performed on the ground that disputed property fall within restricted area declared by Government of Gujarat under statute. It is submitted that therefore, Civil Suit was filed by Kamalsingh Ahluwaliya for the purpose of specific performance against Mehboob Trust through its Trustees. Learned advocate Mr.Gandhi would submit that Charity Commissioner had granted permission to Mehboob Trust to sale
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