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MCA/2508/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 2508 of 2011
In
CIVIL
APPLICATION No. 6115 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 5141 of 2007
=========================================
SARJITKAUR
WD/O HARMINDERSINH S MATYANA & OTHERS
Versus
LAXMANSINH
AMARSINH SOLANKI AND OTHERS
=========================================Appearance
:
MR YATIN
SONI for
the Applicants
None for Opponent(s) : 1, 4,
MS MAYA DESAI, for
Opponent No.2
MR
VIBHUTI NANAVATI for Opponent(s) : 3,
MR HB SINGH for Opponent(s)
: 5,
MR KK NAIR for Opponent(s) :
6,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 27/09/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE K.M.THAKER)
1. In
view of the order passed in Civil Application No.5636 of 2010,
proceedings of present application are restored to file. Accordingly,
the application is taken- up for consideration.
2. Learned
advocate Mr. Soni appearing for the applicants requested for
permission to amend the memo of application so as to incorporate
necessary averments explaining the reasons for not attending the
proceedings, when Civil Application No.6115 of 2008 was taken up for
hearing and also to incorporate appropriate averments to state that
the applicants have filed a further/ additional affidavit in support
of the relief prayed for in Civil Application No.6115 of 2008. By
virtue of the proposed amendment, the applicants also seek to amend
the prayer clause so as to substitute the word ‘restore’ with word
‘recall’. Since the application is yet not admitted, learned
advocate has sought permission for appropriate amendment by way of
draft amendment. The request as prayed for is granted. The applicants
are permitted to carry out the amendment as per the request so as to
add appropriate averments by way of additional paragraph 12-A in the
memo of application. The applicants are also permitted to effect
appropriate amendment in the prayer clause to substitute the word
‘restore’ by the word ‘recall’. The amendment to be carried out in
due course. The applicants are also permitted to make appropriate
amendment so far as opponent No.2 is concerned.
3. With
the above observation(s), present Misc. Civil Application is disposed
of.
(K.M.
THAKER, J.)
(G.B.
SHAH, J.)
omkar
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