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SCA/15790/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15790 of 2010
=====================================================
BALWANTJI
MANAJI THAKORE (CHAUHAN)-LEGAL HEIR OF DECD. - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 11 - Respondent(s)
=====================================================
Appearance
:
MR PR NANAVATI for
Petitioner(s) : 1,
None for Respondent(s) : 1 - 3, 3.2.1,3.2.2 -
7,7.2.1 - 8, 8.2.1, 8.2.2, 8.2.3, 8.3.1, 8.3.2,8.3.3 - 11,11.2.1 -
12, 12.2.1, 12.2.2,12.2.3
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 21/12/2010
ORAL
ORDER
Heard
Mr.P.R.Nanavati learned advocate for the petitioner. Learned
advocate Mr.P.R.Nanavati made available for perusal a copy of plaint
of Regular Civil Suit No.49 of 2010 and also a copy of plaint of
Civil Suit No.28 of 2002. Coupled with this, learned advocate
invited attention of the Court to page No.62, affidavits filed by
mother and sisters who are the plaintiffs in the Civil Suit No.49 of
2010. Learned advocate for the petitioner submitted that though it
is specifically averred in the suit that they are in possession of
the land in question in the capacity of a tenant through her
husband/father, who was cultivating the land as tenant, later on an
the affidavit is filed giving a go-bye to the entire case pleaded in
the suit.
Matter
requires consideration, Rule. Notice as
to interim relief returnable on 19th January, 2011.
Ad-interim relief in terms of paragraph no.9(B). Direct service is
permitted.
(RAVI
R.TRIPATHI, J.)
(ashish)
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