DIPTI MANISHKUMAR LATHIGARA vs RITESH ASHOKBHAI SHAH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates:
For the Appellants/Petitioners: MR SH SANJANWALA, MR DILIP L KANOJIYA
For the Respondents: MR DHAVAL D VYAS

Table of Content
1. maintainability concerns regarding suit under cooperative society rules. (Para 5)
2. assertions regarding jurisdiction and individual claims. (Para 6 , 7)
3. court directives for early resolution of suit. (Para 8)

“Heard Mr. Sanjanwala, learned Senior Counsel with learned

advocate Mr. Kanojiya for the petitioners.

It is submitted that due to some mistake, wrong section

Page 3 of 8

has been mentioned however, actually application dated

27.08.2013 is made under Order 7 Rule 11 of the Code of Civil

Procedure and as required to be considered under said provision

i.e. Order 7 Rule 11. The application is decided on the ground

that it is at premature stage since the issues are not framed.

Notice returnable on 05.03.2014.”

4.1.

Thereafter from time to time the matter has been adjourned and

on 07.02.2019 possibly on account of objection by the other side,

original Special Civil Application which was filed being Special Civil

Application No. 1315 of 2014 came to be converted upon request,

which order reads as under :

“Learned advocate Mr. Dilip Kanojiya, for the petitioners seeks

permission to convert the present petition into Civil Revision

Appl