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CA/1440/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 1440 of 2010
In
SPECIAL
CIVIL APPLICATION No. 15599 of 2008
=========================================
GAYATRI
TRADING & CO, THRO'PARTNER, DEVENDRASINH K DESAI - Petitioner(s)
Versus
BARODA
RAYON EMPLOYEES EKTA UNION & 8 - Respondent(s)
=========================================
Appearance
:
MR
ADIL R MIRZA for Petitioner(s) : 1,
MR DIPAK R DAVE for
Respondent(s) : 1,
MR KUNAL NAIK for M/S TRIVEDI & GUPTA for
Respondent(s) : 2,
MS SHACHI MATHUR, ASST.GOVERNMENT PLEADER for
Respondent(s) : 3 - 4.
MR NIRAL R MEHTA for Respondent(s) :
5,
None for Respondent(s) : 6,8 - 9.
SINGHI & CO for
Respondent(s) : 7,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 06/10/2010
ORAL
ORDER
1. Learned
advocate Shri Naik for opponent No.2 has tendered affidavit on behalf
of the Company and he submits that the deponent of the affidavit is
duly authorised to file this affidavit on behalf of the Company. The
affidavit contains the Survey number of various parcel of lands and
has copies of the title documents. The copy of the affidavit along
with annexure is duly served upon all the concerned representatives
of the parties.
2. On
account of difference between the parties and their counsel with
respect to actual measurement of the land, available for sale, the
learned advocates for the parties have made joint request for
assigning the measurement work of the aforesaid parcel of lands to
District Inspector of Land Records, Surat.
3. Learned
Assistant Government Pleader Ms.Mathur has submitted that she has
inquired with the concerned officer and ascertained the approximate
expenses likely to be incurred in undertaking the measurement of the
aforesaid parcel of lands.
4. Shri
Marshall, learned Senior Advocate for the applicant M/s. Gayatri
Trading & Co., under instructions of the applicant, has submitted
that the applicant is ready and willing to bear the expenses for
measurement, which would not be creating any right in favour of the
said applicant i.e. M/s.Gayatri Trading & Co. The amount of
Rs.20,000/- would be deposited with the District Inspector of Land
Records, Surat within a week from today.
5. The
District Inspector of Land Records, Surat is directed to undertake
the measurement of the parcel of lands belonging to the respondent
Company M/s. Baroda Rayon Corporation Limited, Post Fatehnagar,
Udhna, District:Surat and especially those parcel of lands, which
have been mentioned in the affidavit dated 6.10.2010. The District
Inspector of Land Records,Surat is expected to complete the
measurement work within 10 days from the date of the receipt of this
order, which shall accompany the copy of the affidavit filed by the
Company on 6.10.2010 so as to give clear picture to the DILR of the
land to be measured by him. The DILR is expected to give description
of the property and other appurtenant if any to the land, for which
the measurement exercises are undertaken by him. The DILR may also
submit appropriate sketch/map of the land parcels, measurement
whereof is undertaken by him. The entire exercise is expected to be
completed within 10 days of the receipt of the order.
6. The
office is directed to make available copy of this order to the
learned Assistant Government Pleader for its onward transmission to
the DILR, Surat for compliance. Office is also directed to
independently sent writ to the District Inspector of Land Records,
Surat which shall also accompany copy of the affidavit, which
contains the exact Survey number for which the measurement is
ordered. S.O to 20.10.2010.
(S.R.Brahmbhatt,
J.)
sudhir
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