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SCA/15419/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15419 of 2010
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KUMBHAR
SHIVABEN MEHABHAI - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SPECIAL SECRETARY & 3 - Respondent(s)
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Appearance
:
Mr.AMIT
M. PANCHAL WITH Ms.SHIVANI RAJPUROHIT for the petitioner.
Ms.JIRGA
JHAVERI, ASST GOVERNMENT PLEADER for Respondents nos.1 and 2.
NOTICE
SERVED BY DS for Respondent(s) : 2 - 4.
MR MB RANA for
Respondent(s) : 3 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 28/12/2010
ORAL
ORDER
Heard
learned advocate Mr.Amit M. Panchal with Ms.Shivani Rajpurohit for
the petitioner, learned Assistant Government Pleader Ms.Jirga Jhaveri
for respondents no.1 and 2, and Mr.M.B. Rana for respondents no.3 and
4. Learned advocate Mr.Rana wants time to produce pedigree to
establish that father of the present respondent no.4-Pirabhai, i.e.
Vajabhai is brother of present petitioner Shivaben, d/o Mehabhai
Kumbhar. Admittedly, the name of father of present petitioner is
Mehabhai Mavabhai. In any case, from the record it is clear that
respondents no.3 and 4 are not in possession of the land in question
as is read from page 38K, i.e. an order passed by the learned Civil
Judge, Senior Division, Palanpur below Exhibit 77 in Special Civil
Suit No.48 of 1978. The matter requires consideration.
2. RULE.
Interim relief in terms of para 10(C).
It
will be open for the learned advocate for respondents no.3 and 4 to
pray for early hearing of the matter after some time.
(RAVI
R. TRIPATHI, J.)
karim
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