PRATHMESH FARMS PVT. LTD Vs. NARESHBHAI CHHIMABHAI

JUDGEMENT

(1.) Present petitioners, who are the original plaintiffs in Special Civil Suit No. 237 of 2013 has challenged the order dtd. 23/10/2018 passed by learned 6th Additional Senior Civil Judge, Surat below Exh. 127, wherein the petitioners preferred an application for recasting of issue framed by the learned Civil Court. In the said suit preferred by the petitioners prayed for declaration, injunction and set aside of the sale deed dtd. 18/5/2001 and sale deed dtd. 13/6/2006. The learned 6 th Additional Senior Civil Judge, Surat framed the issues in respect of the subject matter vide Exh. 125. The petitioners filed an application for recasting such issues vide Exh. 127. The learned 6th Additional Senior Civil Judge was pleased to disallow such application seeking recasting the issue vide Ex. 127 vide order dtd. 23/10/2018. Hence, this petition has been preferred under Article 226 and 227 of the Constitution of India.

(2.) Heard learned advocate for the petitioners.

(3.) Considering the application submitted by the present petitioner before the court below vide Exh. 127 and the order passed below such application on 23/10/2018, this Court deems not it fit to issue any notice to the respondent as it is not yet issued.