HARISHKUMAR MOHANLAL SHAH vs ASHWINKUMAR JIVANLAL SHAH — 28/2015

Case under Code of Civil Procedure Section 009. Status: FINAL ARGUMENTS. Next hearing: 04th May 2026.

RCS - REGULAR CIVIL SUIT

CNR: GJKH090000202015

FINAL ARGUMENTS

Next Hearing

04th May 2026

e-Filing Number

-

Filing Number

28/2015

Filing Date

05-05-2015

Registration No

28/2015

Registration Date

05-05-2015

Court

TALUKA COURT, MAHUDHA

Judge

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

Acts & Sections

CODE OF CIVIL PROCEDURE, 1908 Section 009
SPECIFIC RELIEF ACT, 1963 Section 031

Petitioner(s)

HARISHKUMAR MOHANLAL SHAH

Adv. D B BHATT

Respondent(s)

ASHWINKUMAR JIVANLAL SHAH

BHARTIBEN NARENDRABHAI SHAH

ALKESHBHAI JIVANLAL SHAH

SANGITABEN AJITKUMAR SHAH

MUMTAJBANU JAFARMIYA KURESHI

Adv. R B BHATT

Hearing History

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

20-04-2026

FINAL ARGUMENTS

06-04-2026

FINAL ARGUMENTS

30-03-2026

FINAL ARGUMENTS

23-03-2026

FINAL ARGUMENTS

13-03-2026

FINAL ARGUMENTS

Interim Orders

03-11-2025
ORDER

Court Order Summary The Principal Civil Judge & JMFC, Mahudha rejected the Defendant No. 1's application seeking dismissal of the plaint on grounds of insufficient court fee and limitation. The court found that the limitation period under Article 59 of the Limitation Act involves mixed questions of law and fact requiring evidence, since the plaintiff was unaware of the 2009 sale deed and limitation runs from the date of knowledge. Additionally, the court held that only half ad valorem fee applies to cancellation suits, so the plaintiff's court fee payment was adequate. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Court Order Summary The Principal Civil Judge & JMFC, Mahudha rejected the Defendant No. 1's application seeking dismissal of the plaint on grounds of insufficient court fee and limitation. The court found that the limitation period under Article 59 of the Limitation Act involves mixed questions of law and fact requiring evidence, since the plaintiff was unaware of the 2009 sale deed and limitation runs from the date of knowledge. Additionally, the court held that only half ad valorem fee applies to cancellation suits, so the plaintiff's court fee payment was adequate. This case analysis is maintained by casestatus.in based on publicly available court records.

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