AVNI KANTILAL KALARIA Vs. DHANJIBHAI NAGJIBHAI PADMANI

JUDGEMENT

(1.) THIS petition has been preferred against the order dated 3rd March,2007 passed by learned 7th Fast Track Court,rajkot in Misc. Civil Appeal No. 41 of 1998, whereby the appeal preferred by the original plaintiff was allowed and the order dated 28th January,1998 passed by the Small Cause Court, Rajkot dismissing Exh-5 application in Regular Civil Suit No. 122 of 1997 was quashed and set aside. Thus, Trial Court has not granted the stay to the original plaintiff and the Lower Appellate Court has allowed the Appeal of the original plaintiff and grated stay. Against this order, original defendant has preferred this petition.

(2.) HAVING heard the learned counsel for both the sides and looking to the facts and circumstances of the case and evidence on record, I see no reason to entertain this petition, mainly for the following facts and reasons:

(3.) IN view of the aforesaid facts and reasons, there is no substance in this petition and, therefore, the same is dismissed. Rule is discharged with no order as to costs.