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SA/161/1987 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 161 of 1987
=========================================================
RADHABEN
VAJESINH JETHUSING. & 1 - Appellant(s)
Versus
SHRI.BAHUCHARAJI
MATA MANDIR THROUGH ITS SOLE TRUSTEE - Defendant(s)
=========================================================
Appearance
:
MR
JITENDRA M PATEL for
Appellant(s) : 1, 1.2.1, 1.2.2, 1.3.1, 1.3.2, 1.3.3,1.3.4
MR
PARTHIV B SHAH for Defendant(s) : 1,1.2.1
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 29/09/2010
ORAL ORDER
Mr.J.M.Patel, learned
advocate appearing for the appellants has filed this note for
speaking to minutes seeking necessary correction and/or modification
in the judgment and order dated 11.8.2010 passed by this Court in
Second Appeal No.161 of 1987. He has submitted that in para-15 of
the judgment the Court has observed that Mr.Parthiv B. Shah,
learned advocate appearing for the respondent original
defendant….. . He has submitted that instead of ‘original
defendant’ the word ‘original plaintiff’ is required to be
substituted in place of ‘original defendant’.
The Registry is directed
to carry out this amendment/modification in para-15 of the order
dated 11.8.2010.
Mr.Patel further
submitted that the Court while deciding the Second Appeal has
observed that, subject to the above, this Second Appeal is
disposed off . He has submitted that this would create some
complication in future and hence operative portion of the order
should be as under :-
The
appeal is allowed and the judgment and decree of the Appellate
Court passed in Civil Appeal No.189 of 1973 dated 6.10.1986 by
learned 4th Extra Assistant Judge, Vadodara is set aside
and judgment and decree dated 26.6.1972 passed in Regular Civil
Suit No.564 of 1969 by 4th Joint Civil (JD), Vadodara is
hereby confirmed.
Having considered the
submissions made by Mr.Patel, the learned advocate for the
appellants, the Court is of the view that in place of disposed
off if the words are put as allowed in terms of para-4(A)
of the memo of Second Appeal, the same would serve the purpose.
Accordingly, Registry is directed to put the words allowed in
terms of para-4(A) of the memo of Second Appeal in place of
disposed off .
This note for speaking to
minutes is accordingly disposed off.
(K.
A. PUJ, J.)
kks
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