AJITSINH BABUBHAI JADAV vs WADHWAN MAHAJAN PANJARAPOL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

GUJARAT HIGH COURT
A.J. DESAI, J
AJITSINH BABUBHAI JADAV – Appellant
Versus
WADHWAN MAHAJAN PANJARAPOL – Respondent

Advocates:
For the Appellants/Petitioners: MR. JAY M THAKKAR
For the Respondents: MR UMESH A TRIVEDI

Table of Content
1. circumstantial outlines of the suit and reasons for original filing. (Para 1 , 2)
2. arguments presented regarding procedural shortcomings. (Para 3 , 4)
3. judicial observations regarding procedural compliance. (Para 5 , 6)
4. clarification on the necessity for proper judicial process. (Para 11)
5. overall conclusion and directive for judicial remand. (Para 12)

JUDGEMENT

1. By way of the present Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”), the original defendant – respondent who is the occupier of small business premises belonged to the plaintiffs – respondents herein, have challenged the judgement and order dated 31.7.2006 passed by the Additional District Judge and Fast Track Court No. 2, Surendranagar, in Regular Civil Appeal No. 20 of 2003, by which, the appeal preferred by the present respondents for ejectment and possession of the suit premises came to be allowed and the judgement and order dated 12.9.2003 passed by the 2nd Joint Civil Judge (Senior Division), Surendranagar in Special Civil Suit No. 69 of 1991 (re-numbered as Regular Civil Suit No. 233 of 1999), which was filed by the trustees, fo

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GUJARAT HIGH COURTA.J. DESAI, JAJITSINH BABUBHAI JADAV – AppellantVersusWADHWAN MAHAJAN PANJARAPOL – Respondent

GUJARAT HIGH COURT
A.J. DESAI, J
AJITSINH BABUBHAI JADAV – Appellant
Versus
WADHWAN MAHAJAN PANJARAPOL – Respondent