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CA/2278/2010 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR AMENDMENT No. 2278 of 2010
In
SPECIAL
CIVIL APPLICATION No. 8478 of 1990
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 ?
=========================================================
TARLIKABEN
WD/O SAMIR MAHENDRAPRASAD TRIPATHI - Petitioner(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
JITENDRA M PATEL for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.3.1, 1.3.2, 1.3.3, 1.3.4,1.3.5
MR
M.R. MENGDE, ASST.GOVERNMENT PLEADER for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 26/02/2010
ORAL
JUDGMENT
RULE.
Mr.M.R. Mengde, learned Assistant
Government Pleader waives the service of notice of rule on
behalf of the respondent.
With
the consent of the learned advocates appearing on behalf of the
respective parties and in the facts and circumstances of the case,
present application is taken up for final hearing today.
By
way of this application the applicants original petitioners
have prayed for appropriate order permitting them to amend the main
Special
Civil Application by adding paragraph Nos.6(1) to
6(20), ground Nos.XVI to XXV and prayer clause Nos.B1 to B3.
Having
heard the learned advocates appearing on behalf of the respective
parties and subject to filing Affidavit-in-reply by the respondent
to the amended petition and without prejudice to the rights and
contentions of the respective parties and without treating anything
admitted by the respondent with respect to amended petition,
present application is partly allowed and the applicants are
permitted to amend the main Special
Civil Application by adding paragraph Nos.6(1) to
6(20), ground Nos.XVI to XXV only and the applicants are permitted
to add prayer clause Nos.B1 to B3 in the main Special
Civil Application subject to keeping the question
with respect to limitation, delay and laches etc. open and keeping
the question with respect to locus of the petitioners to challenge
the order passed by the authority dtd.8/12/1988 open. The
petitioners to supply memo of amended petition within a period of
three weeks from today. Rule is made absolute to the aforesaid
extent.
[M.R.
SHAH, J.]
rafik
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