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SCA/211/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 211 of 2010
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PASCHIM
GUJARAT VIJ CO LTD (ERSTWHILE GEB)THROUGH ITS
Versus
GOVIND
BALWA GREEN PARK SHELTER PRIVATE LTD
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Appearance :
MR
PREMAL R JOSHI for Petitioner
MR M.B. GOHIL for Respondent No.
1
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 08/03/2010
ORAL
ORDER
1 Paschim
Gujarat Vij Co. Limited (erstwhile GEB) through its Deputy
Engineer, Gandhidham Sub-Division, Gandhidham, is before this Court
being aggrieved by an Order passed by the learned Additional Civil
Judge, Gandhidham, below Exhibit-62, in Civil Suit No. 135 of
2002, which was rejected by order dated 28.8.2009.
1.1 The
petitioner has prayed that 6(A) Your Lordships will be pleased
to issue a writ of certiorari or a writ in the nature of
certiorari or any other appropriate writ, order or direction
quashing and setting aside the order dated 28.8.2009 passed below
Exhibit-62 in Civil Suit No. 135 of 2002 by learned Additional
Civil Judge, Gandhidham and further be pleased to permit the
petitioner to amend the suit accordingly as prayed in Exhibit-62 .
2 Heard
learned Advocate Mr. Premal Joshi for the petitioner and Mr. M.B.
Gohil learned Advocate for the respondent. RULE. Mr. Gohil waives
service of Rule.
3 Having
heard the learned Advocate for the petitioner and learned Advocate
for the respondent, the Petition is allowed. Order dated 28.08.2009
is quashed and set aside.
3.1 Exhibit-62
is remitted back to learned Additional Civil Judge, Gandhidham, to
decide the same afresh keeping in mind the provisions of Order
XII, Rule 10 of the Civil Procedure Code after following the
required procedure of issuing notice to the person – successor
in interest.
3.2 As
the suit is of the year 2002, it is deemed fit to direct the court
below to decide Exhibit-62 afresh at an early date, preferably
within one month from the date of receipt of this order. In the
event there is no further proceedings against the said decision,
the court below shall give the priority to the suit and decide the
same as expeditiously as possible, preferably within six months
from the date of deciding Exhibit-62.
3.3 A
copy of this Order is made available to learned Advocate Mr. Premal
Joshi for its onward communication for compliance. Rule is made
absolute.
(RAVI
R. TRIPATHI, J.)
pnnair
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