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SCA/11667/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11667 of 2009
=========================================
KESHIYA
BHAILA RATHWA
Versus
UDESINH
CHANDUBHAI NAYAK
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Appearance :
MR
NK MAJMUDAR for
the Petitioner
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 08/04/2010
ORAL
ORDER
1. The
petitioner original defendant in Regular Civil Suit No.49 of 2007
and original appellant in Civil Misc.Appeal No.62 of 2007 is before
this Court against two concurrent orders against him.
2. Heard
Mr.Majmudar, learned advocate for the petitioner.
3. Learned
advocate for the petitioner vehemently tried to convince this Court
that the trial Court has committed an error in granting application
Exh.5 and the first appellant Court in dismissing the appeal filed by
the present petitioner against the said order.
The Court,
having gone through the orders, finds no error committed by the
Courts below. The petition is found without any substance and hence,
the same is dismissed.
At the request
of the learned advocate for the petitioner, it is clarified that it
will be open for the petitioner to request the Court below for
expeditious hearing of the suit.
It is hoped
that in the event the petitioner approaches the Court below with such
a request, the same will be considered by the Court sympathetically
and due priority will be given to the hearing of the suit.
(Ravi
R.Tripathi, J.)
*Shitole
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