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MCA/1552/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1552 of 2010
In
APPEAL
FROM ORDER No. 211 of 2005
=========================================
ATUL
GANPATRAO KANITKAR & 2 - Applicant(s)
Versus
CHANDRAKANT
NARSINGRAV ARGADE & 13 - Opponent(s)
=========================================
Appearance :
MR
DHAVAL D VYAS for
Applicant(s) : 1 - 2.
MR SHALIN N MEHTA for Opponent(s) : 1,
None
for Opponent(s) : 2 - 14.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 01/10/2010
ORAL
ORDER
Pending
hearing of the present application and many adjournments by consent,
the parties on both sides have agreed upon inspection of the building
and site in question and prepare their own reports. It is now
stated at the bar that the representatives selected by the parties
have personally visited the site and prepared separate reports and
beyond that, parties have not been able to arrive at any agreed
formula for resolution of the main dispute. Therefore, it was
proposed that the parties would make appropriate application in the
Civil Court in the civil suit which is pending and make necessary
prayers, in the peculiar facts and circumstances of the case.
Therefore, in short, the present application has outlived its utility
and, admittedly, no order is required to be made. Accordingly, the
application is disposed with the clarification that the parties are
at liberty to make such application in the suit pending before the
Civil Court or any other relevant pending proceeding as may be
required and if and when such application is made, it may be decided
on its own merits without being influenced by the fact that some
reports were prepared during pendency of the present application. If
any of the parties in the civil suit appear to be adopting dilatory
tactics or abusing the process of court, the court may be required to
make appropriate order as to cost and hearing of the suit on merits.
Accordingly, without in any way derogating from the consent order
dated 22.06.2005 in Appeal from Order no. 211 of 2005, the present
application is disposed.
[D.H.WAGHELA,
J.]
JYOTI
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