MALTI VAHUJI WD O GOSWAMI GOVERDHANDASJI Vs. MAHARAJ SHRI NATWARGOPALJI GOSWAMI
HIGH COURT OF GUJARAT
Malti Vahuji Wd O Goswami Goverdhandasji
MAHARAJ SHRI NATWARGOPALJI GOSWAMI
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(1.) Rule. Mr. L. G. Vakharia appears for respondents and waives notice.
(2.) This Civil Application is filed on behalf of the petitioners who are the original defendants Nos. 1 to 3 in the suit pending before the Trial Court. The reliefs claimed in the petition are that certain clarifications are sought in the earlier order passed by this court on 28-12-82. Mr. A. H. Mehta the learned Counsel for the petitioners has urged that as per the directions given by this Court the learned Additional District Judge Porbandar is proceeding with the hearing of the applications for interim orders in the suit pending before him. Mr. Mehta says that his clients had given an application Exh. 89 before the learned Trial Judge requesting that his application Exh. 58 pertaining to the probate may be heard before the aforesaid applications filed in the suit of the present respondents. Application Exh. 89 has been rejected by the trial court on the ground that the two applications filed by the respective plaintiffs of the suits are of different nature and two that the application Exh. 9 filed in the suit by the present respondents which is for hearing before the Court as per the directions given by this Court would be heard and decided before the application Exh. 58 of the present petitioners is taken up.
(3.) Mr. A. H. Mehta at the time of the arguments has urged that he would not press for his application being heard and disposed of before that of the present respondents. He would be satisfied if both these applications are heard together and may be disposed of by separate orders. The reason given by Mr. Mehta is that when these two applications are heard together the court will have a comprehensive picture and may decide each application on merit after having an over-all picture before it.;
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