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SCA/6133/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6133 of 2010
=========================================================
PARSHOTTAM
ANANDBHAI KATHIRIA - Petitioner(s)
Versus
GHUSABHAI
ANANDBHAI KATHIRIA - Respondent(s)
=========================================================
Appearance :
MR
VIVEK N MAPARA for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 13/05/2010
ORAL
ORDER
1. Heard
learned Advocate Mr. Vivek N. Mapara for the petitioner. It is the
case of the petitioner that the brother of the petitioner obtained a
Letter of Administration along with Probate by filing Civil Misc.
Application No.11 of 2005 by order dated 9th May, 2006.
Subsequent to which, the brother of the petitioner moved to get
mutation entries made in the revenue record in his name and before
that 135-D notice was issued. On receipt of the notice, petitioner
came to know about the aforesaid order of issuance of Letter of
Administration Probate. Therefore, he immediately filed Civil
Misc Appeal No. 84 of 2006 in the Court of Principal District Judge,
Jamnagar, that came to be heard and decided by order dated 30.12.2009
by learned Additional District Judge & Presiding Officer, 2nd
Fast Track Court, Jamnagar. Against that order, petitioner filed the
present petition on 22nd March, 2010 and, as that matter
did not come up for admission, he mentioned the matter yesterday i.e.
12th May, 2010 for urgent circulation. That is how, the
matter is before this Court.
2. On
inquiry about the exact date on which the petitioner came to know
about the order dated 9th May, 2006, whereby the Letter of
Administration – Probate is granted, learned Advocate for
petitioner requests for some time to inquire from the petitioner and
place it on record. At his request, the matter is adjourned to 23rd
June, 2010.
(RAVI
R. TRIPATHI, J.)
jani
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