IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No 252 of 1998 WITH CIVIL APPLICATION NO 4758 of 1998. For Approval and Signature: Hon'ble MR.JUSTICE M.S.PARIKH ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the Reporter or not? 3. Whether Their Lordships wish to see the fair copy of the judgement? 4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? -------------------------------------------------------------- DISHA GHANSHYAMBHAI PATEL MINOR - THRO'FATHER & GUARDIAN Versus JASHBHAI JETHABHAI PATEL -------------------------------------------------------------- Appearance: M/S THAKKAR ASSOC. for Petitioners MS MEGHA JANI for Respondent No. 2 -------------------------------------------------------------- CORAM : MR.JUSTICE M.S.PARIKH Date of decision: 07/07/98 ORAL JUDGEMENT Admit. Mr.Thakore,learned Counsel appears for Ms. Jani, learned advocate for respondent No. 2. Presence of respondent No. 1 is not required for the purpose of this appeal and the Civil Application. By consent, this appeal is taken up for final hearing today. 2. Heard. 3. The present appellants being the plaintiffs have filed Special Civil Suit No. 68 of 1998 in the Court of the learned Civil Judge, (S.D.), Vadodara for declaration and permanent injunction in respect of the suit property being Commercial Plots Nos. 1 and 2 located in Survey No. 639 of Gorva, Taluka-District : Baroda admeasuring 1078 square meters. The plaintiffs have challenged the sale transactions dated 11th October, 1994 in respect of the suit property. Their case is based upon the writing appearing at Exh. 4/11 and described by them as family arrangement but on prima-facie consideration of the writing in question, it is doubtful whether it can be stamped as family arrangement for on true reading and construction thereof and gathering the intention of the executor of the writing from the document itself, it would appear that the executor wanted to make some arrangement with regard to his property after his life time. That being the nature of the writing on which the suit has been based, the substantial challenge to the impugned transactions would not hold good on prima-facie consideration of the facts of the case. The learned trial Judge has rendered the impugned order considering all the aspects of the case for coming to the conclusion that the plaintiffs do not have prima-facie case to succeed in the matter. However, bearing in mind the fact that the plaintiffs are minor and also bearing in mind the fact that they all have something to say about the writing which has been pressed into service as aforesaid, I called upon Mr. M.J.Thakore, learned Counsel appearing for Ms. Jani for the respondent NO. 2 as to whether any security could be furnished so as to safeguard the interest of the plaintiffs, he fairly submitted that the respondent No. 2 will furnish solvent security in the sum of Rs.6 lacs (Rs. six lacs only) accompanied with Personal Bond of the partners of respondent NO. 2 firm for the like amount in order to see that the interest of the plaintiffs, whatever that might be, is protected. In my opinion, the question of hardship would stand resolved in the interest of minor plaintiffs by the suggestion which has been made by Mr.Thakore. 3. Under the aforesaid circumstances, without extensively dealing with the merits of the respondents' case vis-a-vis interim injunction application, I pass the following order :- (1) The respondent will furnish solvent security in the sum of Rs. 6,00,000/- (Rupees six lacs only) coupled with the personal bond of all the partners of respondent No. 2 firm on or before 10th August, 1998. All that shall be done before the trial Court. (2) The trial Court will proceed with the suit for trial as well as disposal of the suit. The trial Court will see that the suit is expeditiously disposed of bearing in mind the fact that the plaintiffs are minors. The trial Court will dispose of the suit without being influenced by the order passed by the trial Court or by this Court. Subject to this, this appeal as also the Civil Application as aforesaid, both, are disposed of with no order as to costs. ***** Vyas