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Judgment
Honourable Mr. Justice K.M. Thaker
Mr. B.C. Dave, learned advocate for the petitioner submitted that about 82 persons have filed Civil Suit being Regular Civil Suit No. 281/2009. During the proceedings of the said suit, a purshis dated 4/2/2011 has been tendered on record of learned Court. The said application has been submitted by an advocate claiming that the application has been tendered on instruction of the plaintiffs. Mr. Dave, learned advocate also submitted that the fact, however, is that the petitioner - plaintiffs have not given such instruction. The other plaintiffs, who are before this Court, apprehend that learned Court may proceed on the basis of the said purshis without hearing other plaintiffs who are opposed to the request made by virtue of the purshis dated 4/2/2011 and may pass order on such purshis -application which may hurt the interest of petitioner - plaintiffs.
Mr. Dave, learned advocate made aforesaid submission to justify present petition, which is preferred at interlocutory stage of the proceedings related to Regular Civil Suit No. 281/2009 and pending before the trial court.
The apprehension shown by the plaintiffs is, apparently baseless. The application has been submitted by advocate on behalf of some of the plaintiffs, if other plaintiffs, who are opposed to the request made by virtue of said purshis, file any objection or submission before the Court stating that they have objection and they want to prosecute the proceeding, then obviously Court would not pass any order without hearing other plaintiffs, who are opposed to the purshis.
Mr. Dave, learned advocate has submitted that plaintiffs-petitioners have already submitted application opposing the said purshis.
In that event, naturally, the learned Court will pass appropriate and necessary orders on such application after hearing the petitioner-plaintiffs. Therefore, at the interlocutory stage of the suit proceeding, this Court does not find any reason or justification to entertain this petition. The petition, therefore, stands disposed of.