NAINESH RATILAL PATEL Vs. BHARTIBEN CHUNILAL BHATT

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India is preferred by the petitioner -original plaintiff with a prayer to quash and set aside the order dated 28.08.2017, passed by the learned 3rd Additional District Judge, Vadodara in Civil Appeal No. 35 of 2017, whereby, the learned District Judge was pleased to allow the said appeal by quashing and setting aside the order impugned therein dated 27.01.2017, passed below exh. 5 in Regular Civil Suit No. 121 of 2016 by the learned 14th Additional Senior Civil Judge, Vadodara by which, status quo qua suit property was directed to be maintained by the parties to the suit till the final disposal of the suit.

(2.) Brief facts of the case on hand are that the respondent No. 1 herein -original defendant is the ex wife of deceased Vasantray Shantilal Bhatt. The marriage solemnized between them on 26.05.1964 came to be dissolved by an order dated 30.11.1991, passed by the learned Assistant Judge, Rajkot in Hindu Marriage Petition (HMP) No. 45/86. The said order has remained unchallenged, meaning thereby, the same has attained finality.

(3.) Heard, learned advocates Mr. Anshul Shah and Mr. S. P. Majmudar for the petitioner. Though served, nobody has put in appearance for the respondents.