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SCA/13757/2010 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13757 of 2010
===============================================
JAYABEN
DWARKADAS KANANI - Petitioner(s)
Versus
DECEASED
ADAM ALI ABDUL HUSSAIN JERRIWALA THRO HEIRS YUSUF & 3 -
Respondent(s)
===============================================
Appearance
:
MR
MB GANDHI for Petitioner(s) : 1,MR CHINMAY M GANDHI for Petitioner(s)
: 1,
DS AFF.NOT FILED (N) for Respondent(s) : 1 -
4.
===============================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 25/10/2010
ORAL ORDER
In
response to the notice issued on 18th October, Mr. Nitin
Amin, learned advocate, has entered appearance for the contesting
respondents.
The
short issue raised in the petition is the grievance of the petitioner
that though the appeal being Regular Civil Appeal No.22 of 2007 is
pending before the learned first appellate Court against a decree for
non-use of the property and though such non-use of the properly
allegedly continues even now, the appeal which is pending since 2007
is not being heard and decided.
Mr.
Amin has vehemently opposed the allegations about the non-use of the
property and/or that the alleged non-use of the property still
continues.
Having
regard to the short issue raised by the petitioner that the appeal
has remained without hearing since last 3 years, instead of
entertaining the petition, it is considered appropriate to dispose of
the petition requesting the learned first appellate Court to hear and
decide the said appeal being Regular Civil Appeal No.22 of 2007
expeditiously and to try to decide the same by 31.01.2011.
With
the aforesaid observation, the petition is disposed of.
[K.M.Thaker,
J.]
kdc
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