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CA/1734/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 1734 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 202 of 2009
=========================================================
BHARATBHAI
HIRABHAI PARIKH & 1 - Petitioner(s)
Versus
BECHARBHAI
KARSHANBHAI JOGATIYA & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SHIRISH JOSHI for
Petitioner(s) : 1 - 2.
DS AFF.NOT FILED (R) for Respondent(s) : 1
- 2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 10/03/2010
ORAL
ORDER
Mr.
Becharbhai Karshanbhai Jogatiya is present in the Court. He made a
grievance that the copy of the Court’s notice/copy of the application
memo or appeal memo have not been served on him and have not been
received by him. He, however, has also submitted that his son i.e.
respondent No. 2 has received copy of the Court’s notice. The
affidavit of service and applicant’s version is contrary to what is
submitted by Mr. Becharbhai. In the affidavit of service it is stated
that the notice has been served on Becharbhai-respondent No. 1,
however respondent No. 2 (though was found present at Navsari address
when service of notice was offered), refused to accept the service.
Be that as it may. In view of the statement made by respondent No.
1-Becharbhai it appears that his son i.e. respondent No. 2 has
received the Court’s notice by post (forwarded by the applicant). So
far as respondent No. 1-Becharbhai is concerned he has been supplied
copy of the application and appeal memo which, he has received in the
Court. On inquiry he has stated that he wants to engage advocate to
oppose this proceeding.
Hence,
S.O. to 23.3.2010.
(K.M.THAKER,J.)
Suresh*
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