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SCA/8467/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8467 of 2010
=====================================
MOHANLAL
GAJANAND SHARMA - Petitioner(s)
Versus
MAULESHKUMAR
BABULAL SONI & 1 - Respondent(s)
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Appearance :
MS
ARCHANA R ACHARYA for
Petitioner
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 28/07/2010 ORAL ORDER
Learned
advocate for the petitioner submits that the land in question bearing
Survey No.74/6-paiki admeasuring approximately 7788 sq.meters of
village Gamdi was purchased by the petitioner [original plaintiff] by
a registered sale deed 19.3.2008 and, accordingly, recorded in the
village form No.6 by Nondh No.1101 dated 4.4.2008. It is further
submitted that the lower appellate court, while setting aside the
order dated 12.11.2009 by the learned Principal Senior Civil Judge,
Himmatnagar below application Exh.5 in Regular Civil Suit No.40 of
2009, has directed measurement of the land in question to be carried
out by the surveyor of the District Inspector of Land Records since
no survey was carried out as per condition No.11 of the order dated
10.3.2008 of the District Development Officer while granting N.A.
Permission. It is further submitted that, while ordering the survey
according to condition No.11 of the N.A. Permission, the order passed
below application Exh.5 on the basis of evidence on record came to be
disturbed.
In
view of the above, issue notice returnable on 25.8.2010.
Till
then, the parties are directed to maintain status-quo qua the suit
land. Direct service is permitted.
(ANANT
S. DAVE, J.)
(swamy)
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