Gujarat High Court
AO/380/2008 of GEETABEN B PATEL Vs VIJAYBHAI JAYANTILAL THAKKAR on 29 December 2008
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No. 380 of 2008 With CIVIL APPLICATION No. 14100 of 2008 In APPEAL FROM ORDER No. 380 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================= 1 Whether Reporters of Local Papers
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Issues
IN THE HIGH COURT OF GUJARAT AT AHMEDABADAPPEAL FROM ORDER No. 380 of 2008WithCIVIL APPLICATION No. 14100 of 2008In APPEAL FROM ORDER No. 380 of 2008
For Approval and Signature:
HONOURABLE MR.JUSTICE M.R. SHAH
=========================================
1[Whether Reporters of Local Papers may be allowed to see ]the judgment ?the judgment ?
2To be referred to the Reporter or not ?
3[Whether their Lordships wish to see the fair copy of the ]judgment ?judgment ?
Whether this case involves a substantial question of law 4as to the interpretation of the constitution of India, 1950 or any order made thereunder ?or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
========================================= GEETABEN B PATEL & 1 - Appellant(s)
Versus
VIJAYBHAI JAYANTILAL THAKKAR - Respondent(s)
========================================= Appearance :MR BK DAMANIfor Appellant(s) : 1 - 2.NOTICE SERVED BY DS for Respondent(s) : 1, =========================================
CORAM :HONOURABLE MR.JUSTICE M.R. SHAH
Date : 29/12/2008
ORAL JUDGMENT
1. Admit. Shri R.B. Desai, learned advocate waives service of notice of admission on behalf of the respondent. With of notice of admission on behalf of the respondent. With AO/380/2008
the consent of the learned advocates appearing on behalf of the respective parties, the Appeal from Order is taken up for final hearing today.of the respective parties, the Appeal from Order is taken up for final hearing today.
2. Present Appeal from Order under Order 43 Rule 1 of the Code of Civil Procedure is filed by the appellants original defendants challenging the order dated 8.12.2008 passed by the learned Chamber Judge of the City Civil Court at Ahmedabad passed below Notice of Motion in Civil Suit No. 1921 of 2008, by which summary suit filed by the respondent herein, the learned Chamber Judge has allowed the said application restraining the appellantsoriginaldefendantsfrom transferring/alienating the suit property in any manner whatsoever and by directing the appellants-defendants to maintain status quo with respect to the suit property.Code of Civil Procedure is filed by the appellants original defendants challenging the order dated 8.12.2008 passed by the learned Chamber Judge of the City Civil Court at Ahmedabad passed below Notice of Motion in Civil Suit No. 1921 of 2008, by which summary suit filed by the respondent herein, the learned Chamber Judge has allowed the said application restraining the appellantsoriginaldefendantsfrom transferring/alienating the suit property in any manner whatsoever and by directing the appellants-defendants to maintain status quo with respect to the suit property.
3. It appears that the Summary Suit No. 1921 of 2008 is filed by the respondent herein original plaintiff for Rs. 12 lacs and in the said suit the respondent herein original plaintiff took out the Notice of Motion restraining the appellants from transferring/alienating the suit property in any manner whatsoever. The learned trial Court granted the same, against which the appellants-defendants have preferred the present Appeal from Order. filed by the respondent herein original plaintiff for Rs. 12 lacs and in the said suit the respondent herein original plaintiff took out the Notice of Motion restraining the appellants from transferring/alienating the suit property in any manner whatsoever. The learned trial Court granted the same, against which the appellants-defendants have preferred the present Appeal from Order.
4. Shri Tarak Damani, learned advocate appearing for the appellants-defendants has submitted that the impugned order passed by the learned Chamber Judge be modified to the extent that let the appellants-defendants be appellants-defendants has submitted that the impugned order passed by the learned Chamber Judge be modified to the extent that let the appellants-defendants be AO/380/2008
permitted to sell and / or dispose of the disputed property and before actual transfer the appellants may be permitted to deposit Rs. 10 lacs in the aforesaid suit without prejudice to his rights and contentions in the suit. Therefore, it is requested to modify the impugned order accordingly.
5. Shri Desai, learned advocate appearing on behalf of the respondents has submitted that if the appellants-defendants are to deposit Rs. 10 lacs in the trial Court in the aforesaid suit and the appellants are permitted to transfer, sell and / or alienate the disputed property, the plaintiffs would not have any objection.respondents has submitted that if the appellants-defendants are to deposit Rs. 10 lacs in the trial Court in the aforesaid suit and the appellants are permitted to transfer, sell and / or alienate the disputed property, the plaintiffs would not have any objection.
6. In view of the above, the impugned order passed by the learned Chamber Judge of the City Civil Court at Ahmedabad dated 8.12.2008 passed below Exh. 5 in Summary Suit No. 1921 of 2008 is hereby modified to the extent that appellants-defendants are permitted to transfer /alienate and / or sell the disputed suit property on condition that appellants shall deposit Rs. 10 lacs with the learned trial Court in the aforesaid suit before actual disposal and/ or transferring the disputed suit property and till then the appellants-defendants are directed to maintain status quo. However, it is observed that aforesaid deposit of Rs. 10 lacs by the appellants-original defendants would be without prejudice to his rights and contentions in the summary suit and the same deposit shall not be as admission of the disputed claim by the appellants-defendants. Appeal from Order is accordingly partly allowed. learned Chamber Judge of the City Civil Court at Ahmedabad dated 8.12.2008 passed below Exh. 5 in Summary Suit No. 1921 of 2008 is hereby modified to the extent that appellants-defendants are permitted to transfer /alienate and / or sell the disputed suit property on condition that appellants shall deposit Rs. 10 lacs with the learned trial Court in the aforesaid suit before actual disposal and/ or transferring the disputed suit property and till then the appellants-defendants are directed to maintain status quo. However, it is observed that aforesaid deposit of Rs. 10 lacs by the appellants-original defendants would be without prejudice to his rights and contentions in the summary suit and the same deposit shall not be as admission of the disputed claim by the appellants-defendants. Appeal from Order is accordingly partly allowed.
CIVIL APPLICATION NO. 14100 OF 2008
In view of the disposal of the Appeal from Order, no order in Civil Application.
kaushik
(M.R.SHAH,J.)