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SCA/559/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 559 of
2010
=========================================================
CHIMANBHAI
MAHIJIBHAI PARMAR - Petitioner(s)
Versus
FULJIBHAI
PARSHOTTAMBHAI PARMAR & 3 - Respondent(s)
=========================================================
Appearance
:
MR
SP MAJMUDAR for
Petitioner(s) : 1,MR PP MAJMUDAR for Petitioner(s) : 1,
None for
Respondent(s) : 1 - 3, 3.2.1,3.2.2 -
4.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 27/01/2010
ORAL
ORDER
Heard,
Mr. S.P. Majmudar, learned Counsel for the petitioner. It is
submitted by him that the only prayer made in the application at
Exhibit-88, preferred by the petitioner, is that the application at
Exhibit-5, be heard on merits. However, relying upon the order dated
21.09.2006 passed by the trial Court, the said application has been
rejected, as it is held in the above-mentioned order that the
application at Exhibit-5, shall be heard along with the suit. It is
further submitted that the order dated 21.09.2006 is an ex parte
order and the petitioner has not been heard, while passing the
same.
NOTICE,
returnable on 24th February, 2010.
The
Records and Proceedings
of Special Suit No. 743 of 1995, be called for from the Court of
learned Civil Judge, Vadodara, so as to reach this Court, on or
before 18th February, 2010.
In addition to the normal mode of service, Direct
Service
is also permitted.
(SMT.
ABHILASHA KUMARI, J.)
Umesh/
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