Heard Mr.Vimal A.Patel, learned advocate for the petitioners. It is submitted that the application for striking out the additional Issues filed by the respondents/ defendants has been allowed by the Trial Court without taking into consideration the aspect that the order, whereby the additional Issues were directed to be framed, has not been challenged by the respondents. Further, the respondents have, at no point of time, objected to the framing of the additional Issues. It is further submitted that the evidence of the plaintiffs/ petitioners is over and the suit is at the stage of leading of evidence by the defendants.
In support of the above submissions, reliance has been placed upon the judgment of this Court in the case of Soni Narandas Sukhlal and Others v. Deceased Harilal Jethalal through legal heirs 1995(2) GLH 81.
Issue Notice and Notice as to interim relief, returnable on 11.10.2013.
Ad-interim relief in terms of Paragraph 9-B(ii) of the petition is granted, till then.
(SMT. ABHILASHA KUMARI, J.) sunil Page 2 of 2