SOMCHAND MANCHARAM Vs. KHIMCHAND MAGANLAL
LAWS(GJH)-2010-10-153
HIGH COURT OF GUJARAT
Decided on
October 13,2010
SOMCHAND MANCHARAM
Appellant
VERSUS
Khimchand Maganlal And Anr
Respondents
Referred Judgements :-
VORA ABBASBHAI ALIMAHOMED VS. HAJI GULAMNABI HAJI SAFIBHAI [REFERRED TO]M/S.KASTURBHAI RAMCHAND PANCHAL AND BROS VS. THE FIRM OF M/S. MOHANLAL NATHUBHAI AND ORS. [REFERRED TO]
GANGABEN POONJABHAI AMIN VS. NARAYAN SONIA AND ANR. [REFERRED TO]
RAMNIKLAL DWARKADAS MODI VS. MOHANLAL LAXMICHAND AND ORS. [REFERRED TO]
PANCHAL MANILAL CHHAGANLAL AND ANR.,VS. MISTRY MULSHANKER [REFERRED TO]
NARHARI SOMABHAI KACHIYA VS. VITHALDAS PARSHOTTAM DAS [REFERRED TO]
BABA KASHINATH BHINGE VS. SAMAST LINGAYAT GAVALI [REFERRED TO]
SHIV SARUP GUPTA VS. MAHESH CHAND GUPTA [REFERRED TO]
M L PRABHAKAR VS. RAJIV SINGAL [REFERRED TO]
VASANT GANESH DAMLE VS. SHRIKANT TRIMBAK DATAR [REFERRED TO]
SESHAMBAL VS. CHELUR CORPORATION CHELUR BUILDING [REFERRED TO]
NANJI PANCHA VS. DAULAL NARAINDAS [REFERRED TO]
RASIKLAL J SHUKLA VS. BHARAT V DAVE [REFERRED TO]
JUDGEMENT
K.A.PUJ, J. -
(1.)The petitioner - ori. defendant has filed this Civil Revision Application under Section-29(2) of the Bombay Rent Act challenging the judgment and decree passed by the learned Jt. District Judge, Surat in Regular Civil Appeal No.190 of 1980 on 20.2.1982 allowing the said Appeal and setting aside the judgment and decree passed by the learned Small Causes Court, Surat in Rent Suit No.675 of 1975 on 4.7.1980.
(2.)The Civil Revision Application was admitted and rule was issued, and ad-interim relief was granted against the execution and implementation of the order on usual terms on 7.7.1982. The said relief continued till this date.
(3.)During the pendency of this Civil Revision Application the respondent No.2 - ori. plaintiff No.2 expired. On 19.7.2005, this Court has passed an order observing therein that despite the opportunity given to the petitioner the petitioner has not joined the heirs and legal representatives of respondent No.2 to the proceeding. However, subsequently, Civil Application No.4348 of 2006 was filed for bringing legal heirs of the respondent No.2 on record. This Court has allowed the said application vide its order dated 6.8.2010 and legal heirs of the respondent No.2 were brought on record.
(2.)The Civil Revision Application was admitted and rule was issued, and ad-interim relief was granted against the execution and implementation of the order on usual terms on 7.7.1982. The said relief continued till this date.
(3.)During the pendency of this Civil Revision Application the respondent No.2 - ori. plaintiff No.2 expired. On 19.7.2005, this Court has passed an order observing therein that despite the opportunity given to the petitioner the petitioner has not joined the heirs and legal representatives of respondent No.2 to the proceeding. However, subsequently, Civil Application No.4348 of 2006 was filed for bringing legal heirs of the respondent No.2 on record. This Court has allowed the said application vide its order dated 6.8.2010 and legal heirs of the respondent No.2 were brought on record.
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