RIZVI BUILDERS Vs. GOSWAMI SHRIMAD KOKULNATHJI MAHARAJ GUJARAT

JUDGEMENT

(1.) This appeal arises from the order dated July 26, 2005, passed by the learned Chamber Judge in Chamber summons No. 452 of 2005 whereby the appellants who are original plaintiffs have been directed to implead (i) Harikishan R. Bhattad, (ii) Harish R. Bhattad, and (iii) Messrs Hari construction as party defendants in the suit.

(2.) The appeal was admitted on 20th september, 2005 by the following order :-"coram : DR. S. radhakrishnan and S. C. dharmadhikari, JJ. DATED : 20th September, 2005. P. C. Heard learned Counsel for appellants, respondents and applicants. Appeal is admitted, subject to issue of maintainability of appeal. Learned counsel for respondents waive service. Filing of paper book and printing dispensed with. Hearing expedited. Parties are at liberty to file additional compilation. "

(3.) The newly added parties challenged the order dated 20th September, 2005 before the Supreme Court. By the order dated 16-12-2005, the Supreme Court disposed of the petition for special leave to appeal by the following order :-"after hearing the learned counsel for the parties, we are of the opinion that the division Bench of the High Court should determine the question of maintainability of the Letters Patent Appeal at the earliest and if possible dispose of the entire appeal by the next date fixed. We would request the high Court to take up the hearing of the matter within three weeks from the date of receipt of a copy of this order. In the meantime, Status-quo as regards possession so far as the petitioners before us are concerned, shall be maintained. The Special leave petitions are disposed of accordingly. "