LAWS(GJH)-2007-2-259

ARUNCHANDRA RATILAL BISCUITWALA Vs. KANTILAL RATILAL BISCUITWALA

Decided On February 06, 2007
Arunchandra Ratilal Biscuitwala Appellant
V/S
Kantilal Ratilal Biscuitwala Respondents

JUDGEMENT

(1.) ARUNCHANDRA Ratilal Biscuitwala, petitioner herein has filed this petition under Article 227 of the Constitution of India with a prayer that this Court may quash and set aside the judgment and order dated 30th June 2006 passed in Regular Civil Appeal No.48 of 2005 by the learned Joint Sessions Judge, Valsad, and the order dated 1st Aug.2005 passed on application Exh.533 in Regular Civil Suit No.39 of 1985 by the learned Civil Judge, Valsad, being without jurisdiction, illegal and unreasonable.

(2.) THE petition was filed on 27th July 2006. When the matter was placed for hearing on 10th Aug.2006, the Court issued Rule and granted ad -interim relief in terms of para 13(D). Thereafter, the matter came up for hearing on 25th Jan.2007.

(3.) I have heard Mr.P.V.Hathi, learned Senior Counsel for the petitioner. The petitioner is original plaintiff and the respondents are original defendants. The relevant facts of the case are as under : -