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CA/12017/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 12017 of 2010
=========================================================
DAIBAI
GOVID - Petitioner(s)
Versus
MAYAJAR
JIVA VIRDA & 6 - Respondent(s)
=========================================================
Appearance
:
MR DD VYAS
for Petitioner(s) : 1,
None
for Respondent(s) : 1 - 3,5 - 7.
MR AJAY R MEHTA for Respondent(s)
: 4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 08/10/2010
ORAL
ORDER
Leave
to amend number of First Appeal in the Cause Title as F.A.
No.89/1983.
The
applicant/original appellants have filed this Civil Application,
seeking direction to the Registry to trace out the papers and/or
permit reconstructing the papers of First Appeal No.89/1983 and to
circulate the same on any convenient date.
Mr.
D.D. Vyas, learned advocate appearing for the applicants has
submitted that since the papers of First Appeal No.89/1983 are not
traceable by the registry, the present application is filed, seeking
appropriate direction in the matter. If the papers are not traced
in that case the applicants are ready and willing to reconstruct the
entire set of new papers. Hence, the appropriate direction may be
issued in this regard.
Mr.
Parikh, learned advocate appearing for Mr. Ajay R. Mehta for
respondent no.4 i.e. New India Assurance Co. Ltd. has no objection
if the direction regarding reconstruction of new papers are issued.
In
the above view of the matter and looking to the facts that the
papers of First Appeal are not traceable, the applicants are hereby
permitted to reconstruct the papers of First Appeal No.89/1983.
Once the new papers are constructed, office is directed to circulate
the said First Appeal finally.
With
this direction, this Civil Application is accordingly disposed of.
(K.A.
PUJ, J.)
Pankaj
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