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CA/5303/2002 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR VACATING INTERIM RELIEF No. 5303 of 2002
In
CIVIL
APPLICATION No. 7098 of 2000
In
SECOND APPEAL No. 54 of 2000
=========================================================
STATE
OF GUJARAT & 2 - Petitioner(s)
Versus
MANUBHAI
BHAICHANDDAS PATEL & 2 - Respondent(s)
=========================================================
Appearance :
Ms
V.S Pathak Asstt. GOVERNMENT
PLEADER for
Petitioner(s) : 1 - 3.
MR YATIN SONI for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 22/02/2011
ORAL
ORDER
Heard,
Assistant Government Pleader Ms V.S Pathak for the applicant.
It
appears that interim relief was granted by order dated 17th
January 2001 in Civil Application 7098 of 2000. Thereafter the said
Civil Application came to be disposed of by order dated 26th
November 2001 which reads as under :
“Considering
the fact that the Second Appeal is admitted and even the interim
relief was granted as back as on 17th
January 2001, the interim relief granted earlier is required to be
confirmed and the same is accordingly confirmed. Rule is made
absolute with no order as to costs”
Second
Appeal is ordered to be expedited.”
Thereafter,
the present application came to be filed on 8th
May 2002 for vacating the interim relief granted earlier. It also
appears that the
opponents also filed Misc. Civil Application No. 949 of 2002 under
Order 39 Rule 2A of Civil Procedure Code. This Court (Coram : Ravi
R. Tripathi,J) in view of order passed in Misc. Civil Application No.
949 of 2002 by order dated 16th
August 2002 ordered this Civil Application to be heard with Second
Appeal. Therefore, no order can be passed at present and the
application shall be decided at the time of hearing of Second Appeal.
Registry is directed to list this application with Second Appeal
when the Second Appeal is notified for final hearing.
(B.N.
Mehta,J.)
mary//
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