SCA/121020/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 1210 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ===================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ===================================================== IBRAHIM YAKUBBHAI DOBA POA OF ZULEKHA BIBI KASIM - Petitioner(s) Versus RAHIMBHAI JIVABHAI KURESHI POA OF ZUBEDA D/O IBRAHIM & 4 - Respondent(s) ===================================================== Appearance : MR AMIT V THAKKAR for Petitioner(s) : 1, NOTICE SERVED for Respondent(s) : 1, MR VIMAL A PUROHIT for Respondent(s) : 2 - 5. ===================================================== CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 29/07/2008 ORAL JUDGMENT Rule. Shri Vimal Purohit, ld.advocate waives service of Rule on behalf of respondent No.2 to 5, who are the main contesting parties, so far as the present Special Civil Application is concerned. 2. By way of this petition under Article 226 of the SCA/121020/2008 2/3 JUDGMENT Constitution of India – the petitioner original plaintiff has prayed for an appropriate writ, order or direction, quashing and setting aside the order dated 12.12.2007 passed below Exh.56 in Regular Civil Suit No.24/2006 passed by the ld.Principal Civil Judge, Kathor, Surat, by which the ld.Trial Court has allowed the said application and permitted the respondent No.2 to 5 herein to be joined as plaintiffs in Regular Civil Suit No.24/2006 in the suit filed by the petitioner. 3. It appears that petitioner original plaintiff has filed Regular Civil Suit No.24/2006 in the Court of ld.Principal Civil Judge, Kathor, Surat, claiming to be the owner of the disputed property in question, and in the said suit the respondent No.2 to 5, herein third parties, submitted an application, Exh.56 permitting them to be joined as plaintiffs in the suit filed by the petitioner- plaintiff, submitting and claiming to be the heirs of Ibrahim Mohammed Jadavat. It appears that there is a serious dispute that third parties – respondent No.2 to 5 are heirs of deceased Ibrahim Mohammed Jadavat. Be that it may, in any case the third parties could not have been permitted to be joined as plaintiffs No.2 to 5 in the suit filed by the petitioner – plaintiff. If the third party respondent Nos.2 to 5 herein claim to be the heirs of the deceased Ibrahim Mohammed Jadavat, then in that case either they will have to initiate appropriate proceedings before the appropriate forum for establishing their rights and/or if they still consider themselves to be the heirs of deceased Ibrahim Mohammed Jadavat, in that case, they can certainly initiate independent proceedings for the relief sought in Regular Civil Suit No.24/2006 and/or any other relief and the same can be considered in the said suit. However, certainly the respondent No.2 to 5 herein the third parties cannot be SCA/121020/2008 3/3 JUDGMENT permitted to be joined as plaintiffs No.2 to 5 in the suit filed by the plaintiff, more particularly the relief sought in the said suit. Considering the above, it appears that ld.Trial Court has committed error in considering the application at Exh.56. 4. For the reasons stated above, the petition succeeds. The impugned order passed by the ld.Trial Court passed below Exh.56 dated 12.12.2007 passed in Regular Civil Suit No.24/2007 is hereby quashed and set-aside. However, it is observed and made clear that this Court has not expressed any opinion on merits in favour of other parties, whether 3rd parties – respondent No.2 to 5 have any right, title or interest or whether they can be considered to be the heirs of deceased Ibrahim Mohammed Jadavat. 5. Rule is made absolute accordingly. There shall be no order as to costs. (M.R. SHAH, J.) (binoy)