DHARMESHKUMAR CHANDULAL PUROHIT Vs. GHANSHYAMDAS BACHOMAL RANGWANI

JUDGEMENT

(1.) THE appellant original plaintiff has filed this Appeal From Order under Order 43, Rule 1 (r) of the Code of Civil Procedure challenging the order dated 12. 10. 2009 passed by the 3rd Additional Senior Civil Judge, Ahmedabad (Rural), below an application Exh. 5 in Special Civil Suit No. 86 of 2008, whereby application Exh. 5 filed by the appellant has been rejected and the status-quo granted earlier has been ordered to be vacated. The learned Trial Judge has, however, granted stay against the operation and implementation of the order till 30. 10. 2009 so as to enable the appellant to approach this Court.

(2.) ON 30. 10. 2009, this Court has passed an order observing that for paucity of time, the matter cannot be taken up and hence, stay granted by the Trial Court against implementation of the order is extended upto 05. 11. 2009. Today, the matter is heard at length. Mr. Mihir Joshi, learned Senior Counsel appearing with Mr. Arpit P. Patel for the appellant original plaintiff has made his submissions at great length. Similarly, Mr. J. R. Nanavaty, learned Senior Counsel appearing with Mr. Sunil B. Parikh for the respondents original defendants has also made his submissions.

(3.) THE case of the appellant is that the family business was run by the family of the respondent No. 1 in the name of three firms, namely, M/s. Shakti Bricks Works, Amar Bricks Works and Bhagyoday Bricks Works. The father of the appellant was inducted as partner by oral Partnership in M/s. Shakti Bricks Works as working partner and had actively participated in the business of the firm. The suit land was purchased in the name of Shakti Bricks Works by executing three different Deeds in 1975. The business of the partnership firm was closed down in 1984.