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FA/1263/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1263 of 2010
With
FIRST
APPEAL No. 1264 of 2010
To
FIRST
APPEAL No. 1266 of 2010
With
CIVIL
APPLICATION No. 5068 of 2010
In
FIRST
APPEAL No. 1263 of 2010
With
CIVIL
APPLICATION No. 5069 of 2010
In
FIRST
APPEAL No. 1264 of 2010
With
CIVIL
APPLICATION No. 5071 of 2010
In
FIRST
APPEAL No. 1265 of 2010
With
CIVIL
APPLICATION No. 5072 of 2010
In
FIRST
APPEAL No. 1266 of 2010
=====================================================
A
M C - Appellant(s)
Versus
HEERA
TEXTILE MILLS THRO' PROPRIETOR - Defendant(s)
=====================================================
Appearance
:
MR RITESH K SONI for Appellant(s) :
1,
MR DIPAK R DAVE for Defendant(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 09/08/2010
ORAL
ORDER
(Per
: HON’BLE SMT. JUSTICE ABHILASHA KUMARI)
1. All
the appeals are preferred by the appellant under Section 411 of the
Bombay Provincial Municipal Corporation Act. Against the interim
order passed by the Small Causes Court, whereby the mandatory
injunction has been granted of removal of the seal on depositing of
an amount specified in the order.
2. It,prima
facie, appears to us that the appeal under Section 411 of the Bombay
Provincial Municipal Corporation Act, would not be maintainable.
3. In
the above view of the matter, Mr. Raval, learned counsel for the
appellant, seeks permission to withdraw the appeal, under
instructions, with a view to resort to appropriate proceedings.
Permission is granted. Appeals are disposed of as withdrawn.
Civil
Application Nos. 5068, 5069, 5071 and 5072 of 2010
In
view of the order passed in the above First Appeals, Civil
Applications would not survive and shall stand disposed of
accordingly.
(Jayant
Patel, J.)
(Smt.Abhilasha
Kumari, J.)
sudhir
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