Gujarat High Court Case Information System
Print
AO/249/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 249 of 2007
With
CIVIL
APPLICATION No. 8982 of 2007
In
APPEAL FROM ORDER No. 249 of 2007
=========================================================
GUJ
AMBUJA CEMENT THRO' THE JOINT SECRETARY - Appellant(s)
Versus
TEJABHAI
RAMABHAI RATHOD & 6 - Respondent(s)
=========================================================
Appearance
:
MR
HARIN P RAVAL for
Appellant(s) : 1,
MR DHAVAL D VYAS for Respondent(s) : 1 -
7.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 24/07/2008
ORAL
ORDER
1. It
prima facie appears from the impugned order passed by the trial court
passed below Exh.5 in Special Civil Suit No.158 of 2003 that there is
no specific finding and/or discussion by the trial court with respect
to possession. Under the circumstances and with the consent of the
learned advocates appearing on behalf of the respective parties, the
impugned order passed by the trial court passed below Exh.5 in
Special Civil Suit No.158 of 2003 is hereby quashed and set aside.
2. Shri
Dhaval D.Vyas, learned advocate appearing on behalf of the
respondents No.1 to 7 has submitted that the aforesaid statement made
by him is under the instructions of his client. In view of this,
the matter is remanded to the trial court for deciding the
application Exh.5 afresh in accordance with law and on merits, and as
the suit is of the year 2003, the trial court is directed to decide
and dispose of the application Exh.5 within a period of three months
from the date of receipt of writ of this order or on production of
the certified copy of the present order. It is observed that this
Court has not expressed any opinion in favour of either parties and
the trial court to decide and dispose of application Exh.5 without in
any way being influenced by the present order.
3.
With these, present appeal from order is disposed of.
4. In
view of disposal of appeal from order, no order in civil application.
(
M.R. SHAH, J. )
syed/
Top