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2024 Supreme(Online)(GUJ) 27647

HIGH COURT OF GUJARAT
SANDEEP N. BHATT, J
BHARATKUMAR RAMANBHAI BHARWAD – Appellant
Versus
GHANSHYAMBHAI CHINUBHAI BHARWAD – Respondent


Advocates:
MR DIPEN DESAI(2481) for the Appellant(s) No. 1; MR ASHISH H SHAH(2142) for the Respondent(s) No. 1,2,3; MR JIGAR M PATEL(3841) for the Respondent(s) No. 1,2,3; MS NIYATI K SHAH(2935) for the Respondent(s) No. 17,18,19,20,21

ORAL ORDER

1. The present appeal from order is filed challenging the impugned order dated 4.8.2022 passed by the learned City Civil Court, notice of motion Exh.6 and 7, whereby the said applications are rejected.

2. Heard learned advocates for the parties.

3. Learned advocate Mr.Desai for the appellant has drawn my attention towards the documents produced by way of paper book and the pleadings that essentially the prayers made in the injunction application as well as the suit are not as such similar and therefore the learned trial court has committed error in considering that by granting prayers in injunction application, it amounts to allowing the prayers in the main suit. He has also contended, by referring to the various proceedings initiated before the revenue authorities, that the Mamlatdar has specifically observed that it is impossible to give effect of the partition. He has submitted that the right and interest of the appellant who happens to be the co-sharer is required to be protected till the Court adjudicates the suit proceedings on merits and therefore the learned trial court has committed error in rejecting the injunction application by not properly considering the case

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