NAVGHANBHAI POPATBHAI BHARVAD Vs. UKABHAI KUVRABHAI BHARVAD

JUDGEMENT

(1.) This application is filed under Sec. 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'Code') challenging the order dated 15.09.2021 passed by the Principal Senior Civil Judge, Dhrangdhara below application Exh.1(A) filed in Regular Civil Suit No.478 of 2021, by which the concerned civil Court has rejected the request of the applicants for waiving of notice under Sec. 80(2) of the Code to respondent Nos. 2 and 3 herein.

(2.) Heard learned advocate Mr. Jenil Shah for the applicants. Though this Court issued notice for final disposal to respondent Nos. 2 and 3 only and the notices were duly served, none appears for respondent Nos. 2 and 3. Looking to the urgency involved in the matter, the same is taken up for final disposal.

(3.) Learned advocate for the applicants has mainly submitted that the present applicants have instituted a suit i.e. Regular Civil Suit No.478 of 2021 against the respondents herein for declaration, permanent injunction and for setting aside the order passed by the respondent Nos. 2 and 3 in respect of the land in question as described in the plaint. The present applicants preferred an application at Exh.1(A) along with the plaint for seeking relief - waiver of notice to respondent Nos. 2 and 3, which are the Government Authorities, under Sec. 80 of the Code in view of the fact that the applicants require urgent interim relief in the suit since the applicants have an apprehension that the respondent No.1 (private defendant) is in process of constructing a road on the land in question which is of the ownership of the applicants. It is further submitted that the concerned civil Court, vide impugned order dated 15.09.2021, heard the applicants on application filed at Exh.1(A) and thereafter passed impugned order and rejected the request made by the applicants for waiver of notice under Sec. 80(2) of the Code. The applicants have, therefore, filed the present application.