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CRA/149/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
REVISION APPLICATION No. 149 of 2010
=========================================
GIRDHARIBHAI
ARJANDAS TAILYANI & 2 - Applicant(s)
Versus
DHANSUKHLAL
CHUNILAL PATEL & 1 - Opponent(s)
=========================================
Appearance
:
MR SP
HASURKAR for
Applicant(s) : 1 - 3.
MR KV SHELAT for Opponent(s) : 1 - 2.
MR.
SHYAM K SHELAT for Opponent(s) : 1 -
2.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 15/03/2011
ORAL
ORDER
The
present revision application has been filed by the
petitioners-original defendants under sec. 29(2) of the Bombay Rent
Act challenging the impugned order passed by the appellate bench of
the Small Causes Court, Ahmedabad in Civil Appeal No. 81 of 2007
dated 10.8.2010 confirming the judgment and decree passed by the
Small Causes Court, Ahmedabad, in H.R.P. Suit No.6697 of 2003 dated
31.1.2007.
Having
heard the learned counsel for both the sides with regard to the
contentions raised referring to Sec. 12(3)(a), sec. 12(3)(b) as well
as sec. 5(11)(C) of the Bombay Rent Act, the Court is of the opinion
that the matter requires consideration. Hence, Rule returnable on
25.4.2011. Learned counsel Mr. K.V. Shelat waives service of rule on
behalf of the respondents. Interim relief in terms of Para 5(C)
subject to the condition that the petitioners shall deposit the
amount of Rs. 27,833/- in the Registry of this Court within a period
of three weeks from today.
(Rajesh
H. Shukla, J.)
(hn)
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