Pradip Kumar Ganeriwala v. Rohan Ganeriwala and Ors.
Case brief
What is this about?
Strike-out of defence within Order VIII Rule 1 CPC statutory period held impermissible; right to file written statement invaluable and not to be squeezed; appellate court may interfere where injustice manifestly evident even if order not under challenge; person cannot be condemned without hearing; Ganeriwala family dispute over deed of partition and settlement and deed of declaration; ex parte ad interim injunction over schedule A, B and C properties extended to 27.02.2025; costs of Rs. 20,000/- on recall application set aside; FMAT 385 of 2024, FMAT 481 of 2024, FMA 1495 of 2024 disposed; temporary injunction application to be decided on merit within ten days of pleadings; pending Section 24 CPC application before District Judge unaffected.
What did the court decide?
Defendant no. 2/appellant permitted to file written statement within thirty days before the Trial Court; portion of Trial Court order imposing Rs. 20,000/- costs set aside; appellant permitted to file written objection to the temporary injunction application within ten days and rejoinder within four days; Trial Court directed to dispose of the temporary injunction application within ten days of the pleadings, day-to-day sitting if necessary; pending Section 24 CPC application before the District Judge left unaffected; all pending applications disposed of; no order as to costs.