LAWS(GJH)-2018-1-458

YUNUSBHAI KADARBHAI SAJI Vs. HARUBHAI KADARBHAI SAJI

Decided On January 08, 2018
Yunusbhai Kadarbhai Saji Appellant
V/S
Harubhai Kadarbhai Saji Respondents

JUDGEMENT

(1.) Challenge in this petition is made by the defendant to the order passed by the Trial Court (the 2nd Additional Civil Judge, Dahod) dated 12.10.2017 below Exh.90 in Regular Civil Suit No.157 of 2008. The plaintiff and the sole defendant are the real brothers. The Trial Court has, by the impugned order, granted police protection in favour of the plaintiff, at his cost.

(2.) This matter was firstly listed for hearing on 30.11.2017. There is only one petitioner (the original defendant - brother) and the sole respondent (the original plaintiff - brother). The respondent was already appearing on caveat, therefore no formal notice was required to be issued. During the course of hearing, some quarries had cropped up. To enable the learned advocates for the parties to respond to those quarries, the matter was adjourned to 07.12017. Thereafter, it was adjourned to 19.12017 and 10.01.2018.

(3.) In the meantime, the original petitioner moved the learned Vacation Judge, making certain grievances against the respondent by filing Civil Application No. 153 of 2018, which was ordered to be listed for hearing today. That is how this application is listed today, along with the papers of the main petition.