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2024 Supreme(Online)(GUJ) 9983

HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
JAY DWARKASHISH DEVELOPERS THROUGH ERSTWHILE THE PARTNERS OF THE FIRM – Appellant
Versus
PRAVINBHAI LADHABHAI PATEL – Respondent


MR RAVI PAHWA for THAKKAR AND PAHWA ADVOCATES(1357) for the Petitioner(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6,1.7,1.8; MR DA SANKHESARA(5955) for the Respondent(s) No. 3.2; MR DARSHANKUMAR R KABRA(11246) for the Respondent(s) No. 2,3.1,5; MR KV SHELAT(834) for the Respondent(s) No. 1; MR UI VYAS(1000) for the Respondent(s) No. 4; MR. KARAN U VYAS(6992) for the Respondent(s) No. 4; NOTICE SERVED BY DS for the Respondent(s) No. 6

ORAL ORDER

1. The instant petition under Article 227 of the Constitution of India is directed against the impugned common order dated 8.3.2019 passed by the learned Additional Principal Judge, City Civil Court, Court No.4, Ahmedabad on application below Exhs.121 and 138 in Civil Suit No.1662 of 2005, whereby the learned appellate Court allowed Exhs.121 and 138. The conclusion arrived at by the learned appellate Court is as under:-

“[1] The applications Exhs.121 & 138 are hereby allowed subject to costs and the plaintiff is directed to carry out necessary amendments as prayed for within

14 days of the passing of this order. Copy of the amended plaint be produced on the record of this suit.

[2] The plaintiff shall Rupees one thousand thousand only Pay the costs of Rs. 1000/- 1.0. o each of the defendants no. 1 to 5 within 14 days of the passing of this order. VIL [3] The plaintiff shall pay le requisite Court fees (if any) which is required to be affixed after the amendment on the plaint within a period of 14 days from the passing of this order.

[4] Summons be issued to the newly added defendant no. 6, 6/1 to 6/8 which shall be r/o. 22.03.2019.

[5] The defendants Nos.1to 5 shall be at li

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