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SCA/11346/1993 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11346 of 1993
=========================================
MOHMEDHANIF
I PATHAN - Petitioner(s)
Versus
RAJENDRA
B PATEL & 19 - Respondent(s)
=========================================
Appearance :
NOTICE
UNSERVED for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1,5 - 20.
MR
HS MUNSHAW for Respondent(s) : 2,
MR. SONI, AGP for Respondent(s)
: 3 - 4.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 17/08/2010
ORAL
ORDER
Learned
advocate for the petitioner was elevated to the Bench of this Court,
Registry had directed to issue notice upon the petitioner so as to
enable the petitioner to make alternative. However, it is reported
that notice issued to the petitioner is returned unserved with
remarks incomplete address . Therefore, it is not possible to
serve notice upon the petitioner. This is petition of the year 1993
and dispute was with respect to allotment of shops for which no
interim relied has been granted at the relevant time. Under the
circumstances, when it is not possible to serve the petitioner due to
aforesaid reasons and the petition is of the year 1993, present
petition is dismissed for non-prosecution. It will be open for the
petitioner to submit an appropriate application for restoration of
the petition, if still the petitioner is interested in proceeding
further with the matter and if such an application is submitted that
within a period of six months, the same shall be considered. Rule
discharged.
(M.R.SHAH,
J.)
kaushik
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