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MCA/726/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 726 of 2010
In
SPECIAL
CIVIL APPLICATION No. 8176 of 2009
=========================================
B
M PATEL - Applicant(s)
Versus
SURYAKANT
SHUSHILCHANDRA GUPTA & 8 - Opponent(s)
=========================================
Appearance :
PARTY-IN-PERSON
for Applicant(s) : 1,
MR KG PANDIT for Opponent(s) : 1 - 5.
MR
PRANAV TRIVEDI, ASSTT. GOVERNMENT PLEADER for Opponent(s) : 6,
None
for Opponent(s) : 7 -
9.
=============================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 12/07/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
Misc. Civil Application has been filed in Special Civil Application
No. 8176 of 2009, by 4th respondent in the writ petition.
While prayer has been made to declare that the writ petition is not
maintainable, further prayer has been made to declare that
respondents are trespassers and for committing fraud they are
punishable under the Criminal Act, and to initiate contempt
proceedings against the officers.
We
have heard petitioner, party-in-person, who is 4th
respondent in the writ petition and learned counsel appearing on
behalf of respondents Nos. 1 to 5. Considering the nature of the
case, we are of the view that petitioner may raise the question of
maintainability of the writ petition at the time of hearing of the
main case.
So
far as grievance of the petitioner that respondents have committed
fraud and have trespassed, petitioner may move before the appropriate
forum by filing separate applications. This MCA stands disposed of.
(S.J.
Mukhopadhaya, C.J.)
(K.M.
Thaker, J.)
*/Mohandas
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