Heard Mr. Mehul S. shah for the petitioner.
It is submitted that, by the impugned order dated 6.3.2012, the trial court refused application Exh.109 submitted by the petitioner, original plaintiff, for framing issue and the consideration weighed for such refusal is contrary to the order dated 9.5.2008 passed by this Court [Coram: M.R. Shah, J.] in Special Civil Application No.21087 of 2005, by which, the amendment of the pleadings with addition of certain properties in the schedule and about the death of defendant No.2 for determining shares of the concerned parties and the relief as claimed in the suit, is granted, and, therefore, framing of issues is necessary and such issues have genesis in the amendment permitted by this Court.
Considering the above, notice returnable on 6.8.2012.
Ad-interim relief in terms of paragraph 8(c).
(ANANT S. DAVE, J.) (swamy) Top