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CRA/49/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
REVISION APPLICATION No. 49 of 2010
=========================================================
KIRITBHAI
PARSHOTTAMBHAI PATEL & 1 - Applicant(s)
Versus
KHENGARBHAI
KHODABHAI BHARVAD - Opponent(s)
=========================================================
Appearance
:
MR
VIKRAM J THAKOR for
Applicant(s) : 1 - 2.
MR YV BRAHMBHATT for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 25/02/2011
ORAL
ORDER
1. Learned
advocates for the parties agree that the impugned order may be set
aside and the matter be remanded back to the District Court, Kheda at
Nadiad to decide Misc. Civil Appeal No.6 of 2008 afresh after giving
opportunity of hearing to the learned advocates for the parties.
2. In
view of above, the impugned order dated 15.2.2010 passed by the
learned 2nd Additional District Judge, Kheda at Nadiad in
Misc. Civil Appeal No.6 of 2008 is set aside and the matter is
remanded back to the District Court, Kheda at Nadiad to decide Misc.
Civil Appeal No.6 of 2008 afresh after giving opportunity of hearing
to the learned advocates for the parties. The Court hearing the said
appeal shall decide the same in accordance with law without being
influenced by the observations made by this Court in the order dated
20.4.2010.
3. It
is made clear that this Court has not gone into the merits of the
case and the order is passed on the basis of the consent given by the
learned advocates for the parties.
(BANKIM.N.MEHTA,
J.)
shekhar/-
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