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AO/268/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 268 of 2009
With
CIVIL
APPLICATION No. 8311 of 2009
In
APPEAL FROM ORDER No. 268 of 2009
======================================
FARIDBHAI
IBRAHIMBHAI VADNAGARWALA - Appellant
Versus
AYASHABANU
ALIAS ASI WD/O. ABDULKARIM MUSAJI LOKHANDWALA. & 3 - Respondents
======================================
Appearance :
MR
SK BUKHARI for the Appellant.
None for Respondent(s) : 1, 1.2.1,
1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7, 1.2.8,1.2.9 - 2, 4,
-
for Respondent(s) : 0.0.0
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 20/10/2010
ORAL
ORDER
1. From
the Report submitted by learned City Civil Judge, Court No.11,
Bhadra, Ahmedabad dated 22/09/2010 for extension of time for
disposing of Civil Suit No.208 of 2004, it appears that despite the
direction issued by this Court and despite the fact that writ of the
order passed by this Court, was issued to learned City Civil Judge,
Court No.11, Bhadra on 25/09/2009, the aforesaid Suit is not decided
and disposed of within stipulated time, as directed by this Court.
Reasons given by the learned Judge is that due to non-availablity of
the learned advocates appearing on behalf of the respective parties
and/or adjournment applications submitted by either parties, the Suit
is not decided and disposed of within stipulated time as directed by
this Court. Learned Judge is required to appreciate that he is
required to act as per the direction issued by the High Court and not
to act as per the adjournment applications submitted by the learned
advocates appearing on behalf of the respective parties. If it
is found that learned advocates appearing on behalf of the
respective parties are not co-operating, in that case, he may
proceeded further with the hearing of the aforesaid Suit ex-parte
after recording the reasons but he cannot just go on adjourning the
matter, though direction issued by this Court.
2. In
the aforesaid facts and circumstances of the case, as a last chance,
learned Judge is directed to decide and dispose of the aforesaid
Civil Suit No.208 of 2004 on or before 31/01/2011. No further
extension shall be granted.
3. Registry
is directed to send writ of this order to the Principal Judge, City
Civil Court, Bhadra, Ahmedabad and the concerned Civil Judge
immediately.
[M.R.SHAH,J]
*dipti
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