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LPA/119720/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1197 of 2008
In
SPECIAL
CIVIL APPLICATION No. 5340 of 2008
With
CIVIL
APPLICATION No. 12193 of 2008
=========================================
DEVABHAI
NATHABHAI BHARWAD & 1 - Appellant(s)
Versus
FULABHAI
BHIKHABHAI PATEL & 6 - Respondent(s)
=========================================
Appearance :
MR
CG SHARMA for Appellant(s) : 1 - 2.
MR HRIDAY
BUCH for Respondent(s) : 1,
MR APURVA DAVE, AGP for Respondent(s)
: 2 - 3.
DS AFF.NOT FILED (N) for Respondent(s) : 4 -
7.
=========================================
CORAM
:
HONOURABLE
MR. JUSTICE MOHIT S. SHAH
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 29/12/2008
ORAL ORDER
(Per
: HONOURABLE MR. JUSTICE MOHIT S. SHAH)
We
agree with the reasoning and conclusion of the learned Single Judge
that the question of mutation entries in respect of the land in
question could not have been decided without hearing Fulabhai
Bhikhabhai Patel respondent No. 1. Even so, while dismissing
this appeal on the above ground, we direct the Civil Court at
Gandhinagar to hear and decide Regular Civil Suit No. 221 of 2007 as
expeditiously as possible. If any amendments to the pleadings have
to be made, the same shall be made within one month from today and
thereafter, the suit shall be expedited.
In
the meantime, during pendency of the suit, the parties shall maintain
status-quo regarding the land in question.
The
appeal is dismissed. Since the appeal is dismissed, Civil
Application does not survive and is disposed of accordingly.
(MOHIT S. SHAH,
J.)
(HARSHA DEVANI,
J.)
mrpandya*
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