LAWS(GJH)-2012-4-20

MANUBHAI MAGANBHAI PATEL Vs. JAYESHBHAI KIRITBHAI PATEL

Decided On April 10, 2012
MANUBHAI MAGANBHAI PATEL Appellant
V/S
JAYESHBHAI KIRITBHAI PATEL Respondents

JUDGEMENT

(1.) BY Order dated 14.3.2012, after hearing the learned Advocates appearing for the parties, the judgment is reserved for pronouncement. In the said order along with the above referred Appeals, O.J. Appeal No. 44 of 2011 was also tagged. Mr. Devan Parikh, learned Senior Counsel assisted by Mr. Mukesh N. Vaidya appearing for the appellant in O.J. Appeal No.44 of 2011, subsequently requested that the subject matter of the said O.J. Appeal No. 44 of 2011 is different and, therefore, the same shall be segregated from the group of Appeals and, accordingly, the same is segregated and the Registry shall list the said appeal for hearing separately.

(2.) THE main contesting party i.e. Jayeshbhai Kiritbhai Patel, respondent No.1 in all the aforesaid three appeals, has engaged Dr. Sonia Hurra, as his Advocate in O.J. Appeal No. 14 of 2009. As observed in paragraph-3 of the Order dated 14.3.2012, all the appeals are taken up for hearing in the revised Board. Dr. Sonia Hurra, learned Advocate, appearing for respondent No. 1 did not remain present and, therefore, the appeals were heard in absence of the Advocate for the respondent No.1.

(3.) BRIEF facts of the present case are as under: