IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8091 of 2024
========================================================== NAYNABEN MANOJKUMAR DESAI & ORS.
Versus
SAROJBEN D/O PRAHLADBHAI PATEL W/O NARSHINHBHAI
GOVINDBHAI PATEL
========================================================== Appearance:
MR HARNISH V DARJI(3705) for the Petitioner(s) No. 1,2,3 for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 10/06/2024
ORAL ORDER
In SCS No.49 of 2022, the relief claimed by the plaintiffs - petitioners for partition of the land bearing block / survey no.128/07; survey no.1661 and survey no.2107/1 Mauje Sanand, the third party who has purchased the land of survey no.1661 pending the suit moved an application under O.1 R.10 of the CPC to join him as necessary party as any judgment and order in the suit would affect his right. The learned trial Court allowed this application and ordered to join the third party as party defendant in chronology.
2. Being aggrieved by the said order, the petitioner has preferred this petition under Article 227 of the Constitution of India.
3. Having argued the matter to some extent, learned advocate for the petitioner withdraws this petition with a liberty that he may be permitted to move necessary application under O.6 R.17
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of the CPC for amending the plaint so that the sale made during the pendente lite the suit can also be challenged.
4. In view of the above, present petition stands disposed of as withdrawn. In view of the development of the suit, the petitioner who is plaintiff is now required to amend the plaint for proper adjudication of the cause of action. Thus, the plaintiff is permitted to file necessary application under O.6 R.17 of the CPC for amending the plaint and the relief. It is expected from the learned trial Court to decide the same as early as possible after it being filed.
(J. C. DOSHI,J)
sompura
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