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SCA/5103/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5103 of 2010
=========================================================
DHANJIBHAI
RAMJIBHAI JOGANI & 2 - Petitioner(s)
Versus
RAMJIBHAI
MOHANBHAI JOGANI - Respondent(s)
=========================================================
Appearance :
MS
MAMTA R VYAS for
Petitioner(s) : 1 - 3.
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 27/04/2010
ORAL
ORDER
The
petitioners original defendants are before this Court being
aggrieved by an order passed below Exh.35 in Regular Civil Suit
No.165 of 2008 dated 23/09/2009 passed by the learned 2nd
Additional Senior Civil Judge and Judicial Magistrate, First Class,
Amreli, whereby the application Exh.35 is granted and the suit is
permitted to be withdrawn with a permission to file a new suit.
2. Learned
Advocate for the petitioners vehemently argued that the Court below
has committed an error in allowing application Exh.35. She submitted
that the learned Judge ought to have appreciated that when order
dated 15/07/2009 passed below Exh.14 in Regular Civil Suit No.165 of
2008 is under challenge before this Court in Civil Revision
Application No.280 of 2009, application Exh.35 cannot be taken up for
consideration.
3. Having
perused the order under challenge, more particularly, paragraph No.3
onwards the Court below has not committed any error in allowing
application Exh.35. Hence the petition is without any substance, the
same is accordingly dismissed.
4. Registry
is directed to place Civil Revision Application No.280 of 2009 before
the concerned Court with a note that Regular Civil Suit No.165 of
2008 is already withdrawn with a liberty to file a new suit and hence
appropriate order/s is required to be passed in Civil Revision
Application.
(RAVI
R TRIPATHI, J.)
sompura
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