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MCA/2415/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR DIRECTION No. 2415 of 2008
In
SPECIAL
CIVIL APPLICATION No. 1020 of 2006
=========================================================
NIRMALABEN
D/O RUDABHAI RAVAT W/O RAVJIBHAI KUKADIA - Applicant(s)
Versus
RAVJIBHAI
KARSANBHAI KUKADIA - Opponent(s)
=========================================================
Appearance
:
MR
ASIT B JOSHI for
Applicant(s) : 1,
RULE SERVED for Opponent(s) : 1,
MR CH VORA
for Opponent(s) : 1,
MR DHAVAL D VYAS for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 22/10/2010
ORAL
ORDER
1. Having
regard to the facts and circumstances of the case, the learned
advocate for the applicant has submitted that since the
applicant-wife is permanently staying at Jamnagar, appropriate
application for transfer of the proceedings from the Civil Court at
Kutch to the Court of competent jurisdiction at Jamnagar will be made
by the applicant-wife. He has also submitted that if the interim
arrangement, which was made during the proceedings before the learned
Mediator, is continued until the order in such application is passed,
then the applicant has no objection. The said course of action is
acceptable to the learned advocate for the opponent as well.
2. Under
the circumstances, present application is adjourned to 29th
December, 2010. In the meanwhile, it would be open to the
applicant-wife to make application for transfer of proceedings of
presently pending at Civil Court, Kutch to the Court of competent
jurisdiction at Jamnagar. Until the appropriate order is made on such
application which would be filed with two weeks by the applicant
herein. In view of the consensus between the parties, the interim
arrangement which was arrived at during the mediation proceedings
will continue until the order in the application may be passed or
until 22.12.2010.
3. The
aforesaid order is made without prejudice to the rights and
contentions of the parties and only by way of interim arrangement.
(K.M.
Thaker, J.)
rakesh/
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