NITABEN PRAFULBHAI SHAH vs NARENDRAKUMAR CHANDUBHAI PATEL Advocate - R R TRIVEDI — 5/2022

Case under Specific Relief Act, 1963 Section 39. Status: WRITTEN STATEMENT/REPLY. Next hearing: 07th July 2026.

RCS - REGULAR CIVIL SUIT

CNR: GJKH080000342022

WRITTEN STATEMENT/REPLY

Next Hearing

07th July 2026

Filing Number

5/2022

Filing Date

04-02-2022

Registration No

5/2022

Registration Date

04-02-2022

Court

TALUKA COURT, KATHLAL

Judge

1-PRINCIPAL CIVIL JUDGE & J.M.F.C

Acts & Sections

Specific Relief Act, 1963 Section 39

Petitioner(s)

NITABEN PRAFULBHAI SHAH

Adv. M.M.KAZI

PUSHPABEN SURESHBHAI ZALA

Adv. M.M.KAZI

Respondent(s)

NARENDRAKUMAR CHANDUBHAI PATEL Advocate - R R TRIVEDI

VIPULBHAI CHANDUBHAI PATEL

Adv. R R TRIVEDI

ASHOKKUMAR KANAIYALA SHAH

Adv. S A KAZI

SURESHBHAI KANAIYALAL SHAH

Adv. S A KAZI

Hearing History

Judge: 1-PRINCIPAL CIVIL JUDGE & J.M.F.C

18-05-2026

WRITTEN STATEMENT/REPLY

16-03-2026

WRITTEN STATEMENT/REPLY

21-01-2026

WRITTEN STATEMENT/REPLY

29-12-2025

WRITTEN STATEMENT/REPLY

09-12-2025

WRITTEN STATEMENT/REPLY

Interim Orders

26-11-2024
ORDER
28-11-2024
ORDER
28-11-2024
ORDER

Case Summary: 5/2022 Court: Additional Civil Judge, Kathlal Parties: Nitaben Prafulbhai Shah & Pushpaben Sureshbhai Zala (Petitioners/Original Plaintiffs) vs. Narendrakumar Chandubhai Patel & others (Respondents/Original Defendants) Outcome: The court rejected the defendants' application under CPC Order-7, Rule-11 seeking dismissal of the plaintiffs' suit. The court held that the plea of *res judicata* (issue already decided) cannot be determined at the preliminary stage under Rule-11, as it requires examination of earlier court judgments and pleadings. Additionally, the court found no valid ground to reject the suit based on limitation or lack of cause of action, as the plaintiffs adequately disclosed their claims regarding disputed road rights and obstruction by defendants. Costs awarded against the defendants. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Case Summary: 5/2022 Court: Additional Civil Judge, Kathlal Parties: Nitaben Prafulbhai Shah & Pushpaben Sureshbhai Zala (Petitioners/Original Plaintiffs) vs. Narendrakumar Chandubhai Patel & others (Respondents/Original Defendants) Outcome: The court rejected the defendants' application under CPC Order-7, Rule-11 seeking dismissal of the plaintiffs' suit. The court held that the plea of *res judicata* (issue already decided) cannot be determined at the preliminary stage under Rule-11, as it requires examination of earlier court judgments and pleadings. Additionally, the court found no valid ground to reject the suit based on limitation or lack of cause of action, as the plaintiffs adequately disclosed their claims regarding disputed road rights and obstruction by defendants. Costs awarded against the defendants. This case analysis is maintained by casestatus.in based on publicly available court records.

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