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SCA/4573/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4573 of 2011
=========================================================
FULABHAI
BHIKHABHAI PATEL - Petitioner(s)
Versus
DEVABHAI
NATHABHAI BHARWAD & 2 - Respondent(s)
=========================================================
Appearance
:
MR
PH BUCH for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 20/04/2011
ORAL
ORDER
By
way of present petition, the petitioner has inter alia prayed for
quashing and setting aside the impugned order dated 05th
February 2011 passed by the Additional Senior Civil Judge and
Additional Chief Judicial Magistrate, Gandhinagar, below application
Exhibit 67 in Regular Civil Suit No.2021 of 2007, whereby the trial
Court has allowed the said application.
Having
considered the contentions raised by the learned advocate for the
petitioner, averments made in the petition and the documentary
evidence produced on record, it transpires that it is
the case of the petitioner that the impugned order is passed without
consent of the lawyer of the petitioner. In that view of the
matter, if an application for review is moved by the petitioner
before the trial Court, the trial Court will decide the same in
accordance with law in view of the contention of the petitioner that
the lawyer of the petitioner has not given any consent for allowing
the said application. The petition stands disposed of accordingly.
(K.S.
Jhaveri, J)
Aakar
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