LAWS(GJH)-2022-12-1474

BRAHMBHATT CHANDUBHAI HIRABHAI Vs. PATEL VIJAYKUMAR KANUBHAI

Decided On December 22, 2022
Brahmbhatt Chandubhai Hirabhai Appellant
V/S
Patel Vijaykumar Kanubhai Respondents

JUDGEMENT

(1.) Heard learned Advocate Mr.Y.V.Brahmbhatt on behalf of the petitioner and learned Advocate Mr.Chaitanya M.Vyas on behalf of the respondent.

(2.) By way of this petition, the petitioner challenges an order below Exh.64 passed by the learned 9 th Additional Civil Judge, Ahmedabad (Rural) dtd. 18/6/2022, whereby application preferred by the petitioner for reviewing an order dtd. 2/11/2018 passed below Exh.5 in Regular Civil Suit No.518 of 2018 has been rejected.

(3.) Having considered the submissions of learned Advocates for the respective parties, it prima facie appears that the Regular Civil Suit had been filed by the present petitioner in context of properties mentioned in the prayer clause of the plaint as well as in the prayer clause of application Exh.5, being properties bearing block survey Nos.180-181/2, 181/3-182/2-182/3 and 546/2 situated at village Thaltej, Tal.Ghatlodiya, Dist. Ahmedabad. It appears that the learned Civil Court vide order dtd. 2/11/2018, while granting interim injunction in favour of the plaintiff, had mentioned description of the property as property bearing block survey No.297, block /survey No.303 of mouje Mehesana, Tal. Thol, Dist. Kadi.