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HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
RATILAL DHANJIBHAI PARMAR – Appellant
Versus
HITENDRAKUMAR VINODBHAI PATEL – Respondent
| Table of Content |
|---|
| 1. petitioners sought amendment (Para 1 , 2 , 3) |
| 2. petitioners' advocate submissions (Para 4) |
| 3. respondent's advocate submissions (Para 5) |
| 4. court's reference to judgments (Para 6 , 7 , 8 , 9 , 10) |
| 5. court's ruling on necessary parties (Para 11) |
| 6. petition allowed (Para 12) |
ORAL JUDGMENT
1. By way of this petition under Article 227 of the Constitution of India , the petitioners pray to quash and set aside order dated 17.12.2012 passed below application Exh.45 for amendment in Special Civil Suit No.414 of 1992, whereby the learned trial Court, Surat rejected application Exh.45.
2. Heard learned advocate Mr. Premal Rachh for the petitioners and learned advocate Mr. Amit Thakkar for respondent No.5. Learned advocate Mr. Sahil Shah for respondent No.3.1 is absent when the matter is called out.
3. The petitioners – original plaintiffs have filed the aforestated Special Civil Suit seeking relief of declaration and permanent injunction so also specific performance of the agreement to sell. The ex parte injunction was granted below Exh.5 in the suit and it was confirmed by parte. It is pleaded that in violation of the injunction order, the defendants of the suit have sold the
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