Gujarat High Court Case Information System
Print
MCA/678/2010 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 678 of 2010
In
CIVIL
APPLICATION No. 9444 of 2009
In
SECOND
APPEAL (STAMP NUMBER) No. 223 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
ASHIBEN
AMIBHAI MATHAKIA - Applicant(s)
Versus
MAMADBHAI
ALIBHAI BADI & 2 - Opponent(s)
=========================================
Appearance :
MR
JL HAJARE for
Applicant(s) : 1,
S.P. MAJMUDAR for Opponent(s) : 1, 1.2.1, 1.2.2,
1.2.3,1.2.4 - 3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 21/04/2010
ORAL
JUDGMENT
1. RULE.
Shri S.P. Majmudar, learned
advocate waives service of notice of rule on behalf of the opponents.
2. With
the consent of the learned advocates appearing on behalf of the
respective parties, the present application is taken up for final
hearing today.
3. The
present application has been preferred by the applicant-original
plaintiff to restore Civil Application No. 9444/2009 to file, which
came to be dismissed for non-prosecution vide order dated 15/02/2010.
4. Having
heard the learned advocates appearing on behalf of the respective
parties and considering the averments made in the application, the
present application is allowed and Civil Application No. 9444/2009
in Second Appeal (Stamp) No. 223/2009 is restored to file. Rule is
made absolute to the aforesaid extent. No cost.
(M.R.
SHAH, J.)
siji
Top