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SCA/461/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 461 of 2010
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VASANTIBEN
PRATAPRAI SHAH AND OTHERS
Versus
RENUKABEN
VINODRAI SHAH AND OTHERS
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Appearance :
MR
MEHUL S SHAH for
Petitioner(s) : 1 - 3.MR SURESH M SHAH for Petitioner(s) : 1 -
3.
None for Respondent(s) : 1,
MR MB GANDHI for Respondent(s) :
1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5
MR CHINMAY M GANDHI for
Respondent(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5
NOTICE SERVED
for Respondent(s) : 2 - 8.
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 27/04/2010
ORAL
ORDER
1. On the last occasion,
i.e. 20.04.2010, learned Advocate Mr.Gandhi for respondent No.1/1 to
1/5 was granted time to take instructions in the matter and to state
that as to whether his clients will like to pay the amount of stamp
on the documents in question without admitting that they are the
partition deeds.
2. Learned Advocate
Mr.Gandhi states that his clients have no objection in depositing the
amount of stamp in the Court below, but the request is that the said
deposit be made subject to the orders which may be passed by the
Court in that regard at the time of disposal of the suit. He
requested that it be clarified that this deposit of the stamp amount
should not be treated as an admission on the part of his clients on
the point of the nature of the documents.
3. In view of the above, the
petition is disposed of with the following directions:-
Respondent
Nos.1/1 to 1/5 to deposit the stamp amount on or before 10.05.2010.
Only
on deposit of this amount, the order impugned will become operative.
For
the purpose of ascertaining the amount of the stamp, the documents
are to be treated as ‘partition deeds’ as ordered by the Court
below.
The
Court below will adjudicate the question of nature of the documents
and will get the amount of stamp payable ascertained on the
documents in question.
Notice is discharged. No
costs.
(Ravi
R.Tripathi, J.)
*Shitole
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