NAVNITBHAI THAKORELAL PAREKH Vs. GHANSHYAM NANDLAL RAWAL

JUDGEMENT

(1.) The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicants herein - original defendants to quash and set aside the impugned order dated 17/04/2004 passed below Exh. 22 in Regular Civil Suit No. 205 of 2002, by which, learned Trial Court has dismissed the said application submitted by the applicants herein - original defendants to reject the Regular Civil Suit No. 205 of 2002 in exercise of power under Order 7 Rule 11(a) of the Code of Civil Procedure.

(2.) At the outset, it is required to be noted that Applicant No. 1 has expired during the pendency of the present proceedings and no steps are taken to bring the heirs of Applicant No. 1 on record. Under the circumstances, the present Civil Revision Application is dismissed as having become abated so far as Applicant No. 1 is concerned.

(3.) Respondents herein - original plaintiffs have instituted Regular Civil Suit No. 205 of 2002 in the Court of learned Civil Judge (S.D.), Navsari for declaration and permanent injunction and to declare the tenancy rights of the plaintiffs with respect to disputed property in question in favour of the plaintiffs and still continued as tenants and permanent injunction is sought against the applicants herein - original defendants restraining them from transferring, alienating the suit property in any manner whatsoever.