Civil Application (for Joining Party) No. 9415 of 2016 in Special Civil Application No. 8003 of 2016. Case: Vikramsinh Satubha Sodha Vs Ishwardan Chendan Gadhvi and Ors.. High Court of Gujarat (India)

Case NumberCivil Application (for Joining Party) No. 9415 of 2016 in Special Civil Application No. 8003 of 2016
CounselFor Appellant: J.V. Vaghela, Advocate and For Respondents: Mehul Sharad Shah, Advocate
JudgesAbhilasha Kumari, J.
IssueCode of Civil Procedure, 1908 (CPC) - Order I Rule 10(2)
Judgement DateMarch 23, 2017
CourtHigh Court of Gujarat (India)

Judgment:

Abhilasha Kumari, J.

  1. Rule. Mr. Mehul Sharad Shah, learned advocate, waives service of notice of Rule for opponents Nos. 1 and 2 (original petitioners), Mr. Vishrut Jani, learned Assistant Government Pleader, waives service of notice of Rule for opponents Nos. 3 and 4 and Mr. Kirit R. Patel, learned advocate appearing on behalf of Mr. H.S. Munshaw, learned advocate, waives service of notice of Rule for opponent No. 5. Opponent No. 6 (who is respondent No. 4 in the petition) has been served in the petition but none appears on his behalf, therefore, there is no requirement of issuance of notice of Rule to him in the present application.

  2. This application has been preferred by the applicant with a prayer to join him as party respondent in Special Civil Application No. 8003 of 2016, preferred by present opponents Nos. 1 and 2.

  3. It is the case of the applicant that he has made a complaint to the Taluka Development Officer (opponent No. 5) regarding the aspect that the original petitioners are running a Hospital by encroaching upon a portion of Gauchar land. That opponent No. 1 is not a bona fide purchaser as he has misguided the authorities and obtained permission. The Deputy Collector has granted a...

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