LAWS(GJH)-2025-6-97

VINAYAK LAND DEVELOPERS Vs. JAYSUKHLAL CHHAGANLAL GONDALIYA

Decided On June 25, 2025
Vinayak Land Developers Appellant
V/S
Jaysukhlal Chhaganlal Gondaliya Respondents

JUDGEMENT

(1.) Rule returnable forthwith. Learned advocate, Mr.Digant B. Kakkad waives service of rule on behalf of respondent Nos.14 to 21 and 23 to 29. None appears for the rest of the respondents though served. With the consent of learned advocates appearing for respective parties, matter is taken up for final hearing.

(2.) It is reported to this Court that respondent No.30.1 died during the pendency of the present application, who was one of the partners of the partnership firm-respondent No.30, and according to learned advocate Mr.Chetankumar V. Darji, as per Order 30 Rule 4 of the Civil Procedure Code, 1908 (hereinafter referred to as " CPC "), his legal heirs are not required to be brought on record. So, the present application stands abated qua respondent No.30.1.

(3.) The present application is filed under Article 227 of the Constitution of India, seeking the following relief:-