High CourtsSingle Bench(2023) 08 GUJ CK 0040

Sunilkumar Maturam Agarwal vs Devendrabhai Ishwarbhai Patel & 5 Other(S)

Gujarat High Court · Decided on 18 August 2023

HON’BLE JUDGES
Ilesh J. Vora, J
RESULT
Disposed Of
CASE NUMBER
R/Special Civil Application No. 7798 Of 2012

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Judgment

6 paragraphs · 184 words

Ilesh J. Vora, J

1.

Heard Mr.S.I. Nanavati, learned Senior Advocate assisted by Mr.Vandan Baxi, learned advocate for the petitioner and Mr.M.J. Parikh, learned advocate for respondent no.1.

2.

Challenge in this petition under Article 227 of the Constitution of India is to the order dated 30.09.2011 passed below Exh.33/32 in Civil Suit No.2596 of 2008 by which Auxi. Chamber Judge, Court no.15, City Civil and Sessions Court, Ahmedabad, by allowing chamber summons, stayed the proceedings of Civil Suit no.2596 of 2008 under Section 10 of the CPC till final disposal of Civil Suit no.1837 of 2007.

3.

Mr.M.J. Parikh, learned advocate for respondent no.1, upon instructions, states that in view of the filing of the application under Order 7 Rule 11 of the CPC, he does not press the application Exh.33/34.

4.

In view of the statement at the bar, the impugned order dated 30.09.2011 passed below Exh.33/34 is quashed and set aside. The application filed under Order 7 Rule 11 of the CPC be disposed of expeditiously, within a reasonable time.

5.

Accordingly, present petition stands disposed of in the above terms.