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CA/11134/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 11134 of 2008
In
SPECIAL
CIVIL APPLICATION No. 8209 of 2008
=========================================
LILAVATIBEN
W/O MOHANLAL RANCHHODDAS AND ANOTHER
Versus
MUHAMMAD
SIDDIQ HAJIALI MEMON AND OTHERS
=========================================
Appearance
:
PARTY-IN-PERSON
for the Applicants
MR MA KHARADI for MR ARIF A SHEKH
for Respondent Nos.1
None
for Respondent Nos.2-4
MR DG NANAVATY for Respondent
Nos.5-6
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 26/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The present Civil
Application is filed in Special Civil Application No.8209 of 2008 by
Lilavatiben, Wd/o Mohanlal Ranchhoddas and Ushaben Mohanlal, daughter
of Mohanlal Ranchhoddas against one Mr.Muhammad Siddiq Hajiali Memon
and others.
The Civil Application
is filed praying that the stay granted by this Court by order dated
17.06.2008 in Special Civil Application No.8209 of 2008 be
immediately vacated.
By order dated
25.09.2008, this Court vacated the order and directed the Municipal
Corporation to proceed in accordance with law.
Ms.Tanuja Kachchhi,
learned Assistant Government Pleader, on behalf of Mr.Dhaval
G.Nanavaty places on record a copy of letter dated 26.09.2008
addressed to Mr.Dhaval G.Nanavaty by the Assistant Commissioner,
Surat Municipal Corporation. The letter is accompanied by a report
by the Executive Engineer, notice dated 25.09.2008, Panchnama drawn
on 26.09.2008 at 10.30 am and a newspaper report. The same is
accepted.
As per the report,
the construction which was put up by putting iron angles, gadders,
galvanized iron sheet and shutters is stated to have been removed
voluntarily. In any case, the Civil Application is only for vacating
the stay granted by order dated 17.06.2008 and the same is vacated by
order dated 25.09.2008. The Civil does not survive and the same is
disposed of accordingly.
(Ravi
R.Tripathi, J.)
(K.M.Thaker,
J.)
*Shitole
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