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SCA/7852/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7852 of 2010
=========================================================
ARJAN
RAJA SHIR & 1 - Petitioner(s)
Versus
PARBAT
RAJSI SHIR & 1 - Respondent(s)
=========================================================
Appearance :
MR
VH KANARA for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 09/07/2010
ORAL
ORDER
1. Considering
judgments of the Bombay High Court in the case of Babaji
Kondaji Mali Vs. Bala Fakira Mahar, reported in 1938
BLR (Vol.40) Page 104; in the case of Dalpat
Zopdoo Patil Vs. Mahadu Uka, reported in 1912 BLR
(Vol.14) Page 259; and in the case of Purshottam
Janardhan Chaphakar Vs. Mahadu Pandu Turmalkar,
reported in 1912 BLR (Vol14) Page 947, Revision Application is
maintainable against the order passed by the Deputy Collector. Shri
Kanara, learned advocate has submitted that he may be permitted to
file a Revision Application and that it may cause some delay in
doing so. It will be open for the petitioners to contend in the
revision application that they were prosecuting the present Special
Civil Application and therefore there is delay in filing the same and
the same may be considered while deciding the application for
condonation of delay.
2. With
this observation and liberty in favour of the petitioners to file
revision application, the present Special Civil Application is
dismissed.
(M.R.
Shah, J.)
*menon
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