LAWS(GJH)-2022-2-151

SHARDABEN Vs. NATWARBHAI DAVALBHAI PATEL

Decided On February 11, 2022
SHARDABEN Appellant
V/S
Natwarbhai Davalbhai Patel Respondents

JUDGEMENT

(1.) Rule.

(2.) This petition, under Article 227 of the Constitution of India, is filed by the petitioners praying for to issue a writ of certiorari or any other appropriate writ, order or direction, quashing and setting aside the impugned order dtd. 16/6/2017 passed by the learned Principal Senior Civil Judge, Ahmedabad (Rural), Ahmedabad below Exh. 57 in Special Civil Suit No. 370 of 2010 and to direct the learned trial Court to recast the Issue below Exh. 56.

(3.) Filtering the unnecessary detail, the facts of the case on hand are that the petitioners have filed a suit being Special Civil Suit No. 370 of 2010 before the learned Principal Senior Civil Judge, Ahmedabad (Rural), Ahmedabad for partition, declaration and permanent injunction qua the suit property. In the said suit, Issues came to be framed vide Exh. 56. The petitioners, thereafter, preferred an application Exh. 57 for addition in the said Issues framed by the learned trial Court. The said application came to be rejected vide impugned order dtd. 16/6/2017 and hence, the petitioners are before this Court by this petition.