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MCA/93/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 93 of 2010
In
SPECIAL
CIVIL APPLICATION No. 12774 of 2009
=====================================================
POPATBHAI
RAJANBHAI PATANI - Applicant(s)
Versus
RAIMALBHAI
POPATBHAI PATANI - Opponent(s)
=====================================================
Appearance :
MR
PT JASANI for Applicant(s) : 1,
MR PANKAJ K SONI for Opponent(s) :
1,
=====================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 21/01/2010
ORAL
ORDER
This
application has been filed by the petitioner (original petitioner)
with a prayer that the order of suspension of judgment dated
21-12-2009 rendered in Special Civil Application No.12774 of
2009,which comes to an end after four weeks of the passing of the
said judgment, that is on 21-1-2010, be extended for a further period
of six weeks to enable the petitioner to approach the higher forum.
Mr.P.T.Jasani,learned counsel for the petitioner has submitted that
the certified copy of the said judgment was made available to him on
18-1-2010, therefore, some time has been consumed in order to obtain
the certified copy. Further, the petitioner could not make
arrangements to go to Delhi in order to pursue the litigation, within
time.
Mr.Pankaj
K.Soni,learned counsel for the respondent has submitted that under
the guise of the suspension of the judgment of this court,the
petitioner is making prayers before the Executing Court to stay the
execution proceedings, even though the said prayer has been declined
by this court in the judgment dated 21-12-2009 on the ground that the
petition is not directed against the execution proceedings.
Having
heard the learned counsel for the respective parties and having
perused the averments made in the application and other documents on
record, it appears that the certified copy of the judgment dated
21-12-2009 was obtained by the learned counsel for the petitioner on
18-1-2010. The operation of the judgment has been kept in abeyance by
this court for a period of four weeks from 21-12-2009 in order to
enable the petitioner to approach the higher forum.
As
some time has been consumed in obtaining the certified copy
thereof,the interest of justice would be met if the operation of
judgment dated 21-12-2009 passed in Special Civil Application
No.12774 of 2009 be directed to remain in suspension upto 11-2-2010.
It is clarified that the suspension of the operation of the said
judgment is being made only to enable the petitioner to approach the
higher forum and has nothing,whatsoever, to do with the execution
proceedings. It is made clear that no further extension shall be
granted in this regard.
The
application is disposed of, accordingly.
(Smt.Abhilasha Kumari,J)
arg
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