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AO/165/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 165 of 2010
=========================================================
JENABHAI
AMAJAT - Appellant(s)
Versus
AZIZ
MAMADJAT & 7 - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Appellant(s) : 1,
MR MEHUL SHARAD SHAH for Respondent(s) : 1 -
2.
DS AFF.NOT FILED (N) for Respondent(s) : 3,
MR BHAGYODAYA
MISHRA for Respondent(s) : 4,
NOTICE SERVED for Respondent(s) : 5
- 7.
SVRAJUASSOCIATES for Respondent(s) :
8,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 21/03/2011
ORAL
ORDER
1.
By way of this appeal from order the appellant-original defendant
No.1 has challenged the order dated 07.09.2009 passed below Exhibit-5
in Special Civil Suit No. 8/2008 by the learned 2nd
Additional Senior Civil Judge, Bhuj(kutch), whereby the learned Judge
has issued various directions as stated therein.
2.
Heard the learned Counsel for the appellant. The Trial court while
considering the application below Exhibit-5 has considered the
evidence as well as the documents on record and accordingly issued
the directions, in view of the fact that the rights of the appellant
are to be asserted.
3. Having
perused the materials on record, I am of the view that the Trial
court has rightly passed the restraining order and further directing
to deposit the amount in a nationalized Bank till disposal of the
suit. By this order the Trial Court has protected the interest of
both the parties and no infirmity can be pointed out in the order.
The Trial Court has discussed the issues in greater detail in
paragraph Nos. 12 and 13. I am in complete agreement with the
reasoning adopted by the Trial court. The petition is therefore,
dismissed. Notice is discharged with no order as to costs.
3. However,
if an application is filed by the present appellant to expedite the
hearing of the suit, the trial Court shall expedite the hearing of
the suit proceedings.
(K.S.JHAVERI,J.)
pawan
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