DEVCHANDBHAI NATHALAL PATEL Vs. BABULAL JIVRAMDAS PATEL

JUDGEMENT

(1.) THE petitioner original plaintiff has filed this petition under Article 227 of the Constitution of India praying for quashing and setting aside the order dated 6.6.2006 passed by the 8th Joint Civil Judge (S.D.) at Mehsana whereby the plaint of Special Civil Suit filed by the petitioner was rejected under Order 7 Rule 11(a). According to him, no cause of action arose in favour of the petitioner and against the respondent.

(2.) THIS Court has issued notice on 13.2.2007 and interim relief in terms of para 13(c) of the petition was granted whereby the respondents were restrained from selling, transferring or alienating the properties as described in the schedule appended with the plaint. Thereafter, rule was issued by this Court on 10.7.2007 and interim relief granted earlier stood continued till the final disposal of this petition.

(3.) HEARD Mr. B.Y.Mankad, learned advocate appearing for the petitioner and Mr.Mahendra K. Patel, learned advocate appearing for the respondents.