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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL FROM ORDER No 15 of 2002
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MAYURSINH ANIRUDDHSINH JADEJA
Versus
MADHUBEN VALLABHBHAI PATEL
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Appearance:
1. Appeal from Order No. 15 of 2002
M/S THAKKAR ASSOC. for Petitioner No. 1
.......... for Respondents No. 1-3
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CORAM : MR.JUSTICE H.H.MEHTA
Date of Order: 11/01/2002
ORAL ORDER
The appellant has challenged an order dated
4/6/2001 below application Ex.5 in Special Civil Suit No.
658 of 2001 passed by the learned 3rd Joint Civil Judge
(S.D.), Rajkot. Shri Pahwa, the learned advocate for the
appellant submits that against the aforesaid order, the
present appellant has filed an application under O.39 R.4
of the Code of Civil Procedure and it is still pending.
2.Looking to the facts and circumstances of the
case, the learned Judge of the trial Judge is directed to
dispose of that application given by the appellant under
O.39 R.4 Civil Procedure Code strictly on merits and in
accordance with law as early as possible, preferably
within 15 days from the date of receipt of writ of this
order by giving full opportunity of being heard to both
the parties.
3.In view of the aforesaid direction given by this
Court, this appeal stands disposed of, with no order as
to costs. Still however, the appellant is at liberty to
move this Court for revival of this appeal in case of
need.
Date: 11/1/2002.(H.H.MEHTA,J.)
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