ORAL ORDER

1. Heard the learned advocate Mr. Jaimin A. Gandhi for the petitioner.

2. By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs.

“(A) The Honorable Court may be pleased to quash the order dated 05/08/2023 (Annx A) passed by the Honourable City Civil Court, Ahmedabad in Civil Suit No.1390 of 2022.

(B) The Honorable Court may be pleased to hold that the petitioner was entitled to amend the injunction application and seek to restrain the defendant from withdrawing the dividend from the common shares of the parties.

(c) xxx…”

3. The brief facts of the case are as under.

Petitioner original plaintiff filed the Civil Suit No.1390 of

2022 before the learned City Civil Court, Ahmedabad, seeking partition, declaration and distribution of assets. The defendant appeared and filed Written Statement. Thereafter, plaintiff filed an application Exhibit-28 seeking amendment in the injunction application only. The application was resisted by the defendant and the learned trial Court dismissed the application on

05/08/2023.

4. Learned advocate for the petitioner has submitted that the plaintiff sought an amendment in the injunction application only.

The amendment, which was sought for is as follows.

"16A. The plaintiff states that it is an undisputed fact that the shares held in the Demat account no. 14579550 and DP ID no. 301549 in HDFC Limited, Navrangpura, Ahmedabad is joint account of the plaintiff and defendant no. 1. The shares held in the said account are jointly owned by the plaintiff and defendant no. 1. However the Defendant no. 1 has been withdrawing the dividend received from those shares in the bank account on regular basis. Since the dividend is a joint property of the Plaintiff and Defendant No. 1, the Defendant No. 1 shall be restrained from withdrawing such dividend received in the bank account pertaining to the shares jointly held by the plaintiff and defendant No.1.”

5. The further amendment was sought for in prayer clause of injunction application only, which reads as under.

“(d) The Honorable Court may restrain the defendant No.1 from withdrawing the dividend received from the shares jointly owned by the plaintiff and defendant No.1.”

6. Learned advocate for the petitioner has referred para 3 (c)

of the plaint, which reads as under.

“The plaintiff states that the distribution of the property between the parties is largely governed by the will of late Vinaylal Shah dated 14/01/1988. The following properties are the properties of Late Vinaylal Manekchand Shah and also the self-acquired properties of the plaintiff and the defendant and accordingly they shall be distributed.”

“Equity shares of companies including Hindustan Unilever Limited, Exide, GNFC, Nocil, Standard Industries, Synthetic and Chemical Industries, Videocon Industries etc, held in Demat account no. 14579550 and DP Id No. 301549 in HDFC Bank Ltd, Navrangpura, Ahmedabad 380009. They are in the joint name of the Plaintiff and the Defendant. They are self-acquired property in the hands of late Vinaylal Shah, invested out of various earnings throughout his life. This Demat account is owned by the Plaintiff and the Defendant. However the Defendant has withdrawn the dividend and interest received in lieu of various share- holding in the said Demat account from 1988 till date without giving the Plaintiff his share. The withdrawals by the Defendant were without informing the Plaintiff and without seeking consent of the Plaintiff, clearly depicting the malafide of the Defendant. The Plaintiff has 50% share in such dividend and interest received in the said Demat account. The Plaintiff claims that at the time of wedding of Sarika, the daughter of the Defendant, the Defendant requested the Plaintiff for some financial assistance in 2001-02. Accordingly, it was mutually decided that 2000 equity shares of Hindustan Unilever Limited shall be provided to the Defendant from the joint equity shares holding