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SCA/12582/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12582 of 2009
=====================================
BIPINBHAI
VINODBHAI SHETH & 1 - Petitioner(s)
Versus
MANOJBHAI
VITHTHALDAS AASHAR & 2 - Respondent(s)
=====================================
Appearance
:
MR ANSHIN H DESAI for
Petitioner(s) : 1 - 2.
MR JM BUDDHBHATTI for Respondent(s) : 1,
MR
PRANAV M RAVAL for Respondent(s) : 1,
NOTICE SERVED for
Respondent(s) : 2 - 3.
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 18/06/2010
ORAL
ORDER
1.0 Heard
learned advocate Mr. Anshin H. Desai for the petitioners. The
petitioners are before this Court being aggrieved by order dated 29th
October 2009 passed by the learned 7th Additional Senior
Civil Judge, Jamnagar below exh. 38 in Special Civil Suit No. 121 of
2008. The learned advocate for the petitioners invited attention of
the Court to the contents of exh. 38, a copy of which is produced at
Annexure ‘D’, page 36 and 37. He also invited attention of the Court
to the plaint of the suit, a copy of which is produced at page 21
onwards and order passed below exh. 38, a copy of which is produced
at Annexure ‘B’.
2.0 The
matter requires consideration. Hence, Rule. Learned
advocate Mr. Pranav Raval waives service of Rule. At the request of
learned advocate for the petitioners and with the consent of learned
advocate Mr. Raval, the matter is taken up for Final Hearing today.
3.0 Taking
into consideration the contents of the plaint and taking into
consideration the contents of exh. 38, this Court is of the opinion
that the Court below has committed an error in allowing that
application. That being so, the order dated
29th
October 2009, passed below exh. 38 in Special
Civil Suit
No. 121 of 2008 is hereby quashed and set aside.
4.0 At
the request of learned advocate Mr. Raval it is clarified that it
will be open for the respondent herein original plaintiff to
proceed with the suit in accordance with law.
5.0 Rule
is made absolute with no order as to costs.
[
Ravi R. Tripathi, J. ]
hiren
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