IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2130 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/FIRST APPEAL NO. 2130 of 2024 ==========================================================

JAGATSINH MAHIPATSINH JADEJA Versus NISHI ALEX LUSICH & ANR.

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Appearance:

MR VIMAL PATEL FOR VMP LEGAL(7210) for the Appellant(s) No. 1 MR VIMAL A PUROHIT(5049) for the Defendant(s) No. 1 MR. NISHIT P GANDHI(6946) for the Defendant(s) No. 2 ========================================================== CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN and HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 07/04/2025

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE NIRAL R. MEHTA)

Since the issue lies in a very narrow compass, at the request of the learned advocates for the respective parties, the present appeal is taken up for final hearing at the admission stage.

2. The captioned First Appeal under Section 96 of the Code of Civil Procedure, 1908 (for short ‘the Code’), at the instance of original plaintiff, is directed against the order dated 09^th April, 2024 passed by the learned Additional Senior Civil Judge, Gondal whereby, the plaint o