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CA/9168/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR JOINING PARTY No. 9168 of 2008
In
SPECIAL
CIVIL APPLICATION No. 8653 of 2007
=========================================================
KIRITBHAI
AMBALAL PATEL - Petitioner(s)
Versus
PATEL
KIRITBHAI RANCHODDBHAI THRO POA-RAMANBHAI ISHWARBHAI & 2 -
Respondent(s)
=========================================================
Appearance
:
MR
MANAV A MEHTA for
Petitioner(s) : 1,
MR AJ PATEL for Respondent(s) : 1,
MR JK
SHAH ASST GOVERNMENT PLEADER for Respondent(s) : 2,
MR JITENDRA M
PATEL for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 13/08/2008
ORAL
ORDER
The
applicant has through his learned advocate pressed this Civil
Application for the following relief.
?SThat
this Hon’ble Court may be pleased to clarify that the stay granted by
this Hon’ble Court is in operation only qua lands bearing Survey
No.553/1, 553/2, and 553/3.??
Since
it does not appears in dispute that the petitioner has challenged the
order passed by the Secretary (Appeals), Revenue Department,
Government of Gujarat, which is common order with respect to the
several survey numbers and since the petitioners of Special Civil
Application No.8653 of 2007 have challenged the order of the
Secretary only qua the lands for which they are concerned, the prayer
of the applicant for clarification of the interim order passed by
this Court on 06.07.2007 in Special Civil Application No.8653 of 2007
needs to be granted.
Even
otherwise, learned advocate Mr.Shital Patel appearing for the
original petitioners does not oppose this clarification,
Under
the circumstances, in continuation of the order dated 06.07.2007
passed in Special Civil Application No.8653 of 2007, it is clarified
that interim relief in terms of Para-7(B) granted in favour of the
original petitioners would apply only qua lands bearing Survey
No.553/1, 553/2, and 553/3 which are subject matters of the dispute
in the main petition.
With
this clarification, Civil application is disposed of.
Direct
Service is permitted.
(
Akil Kureshi, J. )
kailash
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