C/AO/67/2025 ORDER DATED: 17/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/APPEAL FROM ORDER NO. 67 of 2025 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/APPEAL FROM ORDER NO. 67 of 2025 ========================================================== SHRIJI OWNERS ASSOCIATION , NAROL & ANR. Versus PREETKAMAL DEVELOPERS (THROUGH ITS DESIGNATED PARTNERS) & ORS. ========================================================== Appearance: MR. MRUGESH A BAROT(6709) for the Appellant(s) No. 1,2 ARJUN R SHETH(7589) for the Respondent(s) No. 1,1.2 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 17/04/2025 ORAL ORDER 1. Heard learned senior advocate Mr. Mehul S. Shah with learned advocate Mr. Mrugesh A. Barot for the appellants and learned advocate Mr. Arjun R. Sheth with learned advocate Ms. Pritha Mitra for respondent No. 1 & 1.2 on caveat. 2.0 At the outset, learned senior advocate Mr. Mehul Shah would submit that as such Respondent No.1 – 1.1/1.2 who are the proposed party in the suit, till date not joined and as such have no right to file an application under Order 39 rule 4 of CPC. According to learned senior advocate Mr. Shah, the order impugned in the present appeal is ex-facie, contrary to C/AO/67/2025 ORDER DATED: 17/04/2025 the provisions of CPC and requires to be interfered by this Court. 2.1 Nonetheless, under the instruction of his client, learned senior advocate Mr. Shah would not invite further reasons of this Court on merit but requested this Court that an application filed below Exh. 67 whereby, Respondent No.1 – 1.1/1.2 herein is proposed to be joined in the suit, be decided first by the trial Court as it is pending since 2018. He would further submit that if Respondent No.1 – 1.1/1.2 – proposed party will be joined in the suit proceedings, the order impugned in the present appeal may be suspended for some more time as once proposed party will be joined in the suit, the applicants- appellants may be permitted to file fresh injunction application against them also by joining existing defendants. 3.0 Per contra, learned advocate Mr. Arjun Sheth under the instruction of his client, would make a statement under the instruction of his client that Respondent No.1 – 1.1/1.2 – proposed party which are shown in the application filed below Exh.67 have no objection for joining them in the suit proceedings, whereby, consented for allowing the application filed below Exh.67 by the present appellants. Page 2 of 6 C/AO/67/2025 ORDER DATED: 17/04/2025 3.1 Nonetheless, learned advocate Mr. Sheth would further submit that once proposed party are joined in the suit proceedings, they may be allowed to defend suit as well as injunction application to be filed by the appellants in accordance with law and the trial Court may be directed to decide such injunction application on its merit without being influenced by any of its observation so made while passing the order dated 19.10.2019 below Exh. 35 & 64 in the suit. 4. After hearing the learned advocates appearing on behalf of respective parties and considering the factual scenario which emerges from the record as well as at this stage, the appellants do not invite reasons, thereby, requesting this Court not to go into the merits of the matter, I would like to pass the following order :- (i) The Respondent No.1 – 1.1/1.2 herein ( proposed defendants), who are shown in the application filed below Exh. 67 is hereby joined in Civil Suit No. 2099 of 2008 pending before the City Civil Court, Ahmedabad. (ii) The trial Court is hereby requested to pass a formal order of allowing Exh.67 filed in the suit, thereby, proposed party can be formally joined in the suit proceedings. Let the trial Court be undertaken such exercise and pass necessary C/AO/67/2025 ORDER DATED: 17/04/2025 order on or before 23.04.2025 in application filed below Exh. 67. (iii) Once, the proposed party will be joined in the suit proceedings, as requested herein above by appellants, it would be open for the appellants herein to file fresh injunction application against proposed party as well as existing defendants claiming relief, which are already made by them in their injunction application earlier filed below Exh. 35 & 64. (iv) The proposed party is also permitted to file their written statement as well as reply to the injunction application so filed by the appellants herein as observed hereinabove. (v) It is open for the appellants herein to request the trial Court to take up their aforesaid fresh injunction application at the earliest and also permitted to make request the trial Court to grant ad-interim injunction till its decided by the trial Court, albeit, by giving opportunity to the proposed party to oppose such prayer. (vi) The fresh injunction application is hereby permitted to be filed by the appellants as above, the same may be heard C/AO/67/2025 ORDER DATED: 17/04/2025 and decided by the trial Court preferably on or before 15.06.2025 after giving opportunity of hearing to all defendants including newly joined - proposed party and so also by observing principle of natural justice. It is made clear that this Court has neither gone into nor examined the merits of the matter. (vii) The trial Court is also requested to decide fresh injunction application to be filed by the appellants herein on its merit without being influenced by any of its orders passed in any applications as well as passed by this Court. (viii) It is open for the parties to request the trial Court to take up the matter, thereby, Exh.67 can be formally allowed by the trial Court on or before 23.04.2025. (ix) The order impugned in the present appeal is remain suspended till 30.04.2025. 5. In view of the aforesaid, the present Appeal from Order is disposed of. 6. Civil Application would not survive and disposed of accordingly. Page 5 of 6 C/AO/67/2025 ORDER DATED: 17/04/2025 Direct service today is permitted. It is also directed to the Registry to sent the writ of this order to the concerned trial Court. (MAULIK J.SHELAT,J) SALIM/ Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MOHAMMAD SALIM(HC01108), STENO GR II, at High Court of Gujarat on 17/04/2025 14:56:40