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CRA/15/2009 2/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
REVISION APPLICATION No. 15 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
BECHARDAS
GOVINDLAL - Applicant(s)
Versus
PRABHAV
CO-OP. HOUSING SOCIETY LTD & 2 - Opponent(s)
=========================================================
Appearance
:
MR
YF MEHTA for
Applicant(s) : 1,
MR TATTVAM K PATEL for Opponent(s) : 1,
NOTICE
SERVED BY DS for Opponent(s) : 2,
None for Opponent(s) : 3,
MR
NITIN M AMIN for Opponent(s) : 3.2.1, 3.2.2, 3.2.3,3.2.4
UNSERVED-REFUSED (N) for Opponent(s) : 3.2.5
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 20/04/2010
ORAL
JUDGMENT
RULE.
Mr.Tattvam K. Patel, learned advocate waives the service of notice
of rule on behalf of the respondent No.1 and Mr.Nitin M. Amin,
learned advocate waives the service of notice of rule on behalf of
the respondent Nos.3/1 to 3/4.
Present
Civil Revision
Application has been preferred by the petitioners –
original applicants/plaintiffs challenging the impugned order
dtd.7/10/2008 passed by the learned Principal Senior Civil Judge,
Ahmedabad in Civil Misc.Application No.96 of 2008, by which the
learned trial court has dismissed the said application to restore
Regular
Civil Suit No. 72 of 2009, to file.
Having
heard Mr.Y.F. Mehta, learned
advocate appearing on behalf of the petitioner and
Mr.Tattvam K. Patel, learned advocate appearing on behalf of the
respondent No.1 and Mr.Nitin M. Amin, learned advocate appearing on
behalf of the respondent Nos.3/1 to 3/4 – contesting respondents
and in the facts and circumstances of the case, when the Court was
required was inclined to allow the Misc.Civil Application for
restoration of the suit, Mr.Tattvam K. Patel, learned advocate and
Mr.Nitin M. Amin, learned advocate appearing on behalf of the
respective respondents have stated at the bar that if reasonable
cost is imposed upon the petitioner
to be paid to the respondent Nos.3/1 and Respondent No.1, they
do not invite have any further reasoned order while allowing the
present Civil Revision
Application while quashing and setting aside the impugned
order and restoring the main Civil Suit to file.
Mr.Y.F.
Mehta, learned
advocate appearing on behalf of the petitioner has submitted that
the petitioner is ready and willing to pay reasonable
cost to the concerned respondents as may be directed by this Hon’ble
Court, while allowing the present Civil
Revision Application and restoring the original Civil Suit to
file.
Considering
the above statements made by the learned advocates appearing on
behalf of the respective parties, this Court does not assign any
further reasoned order and the impugned order dtd.7/10/2008 passed
by the learned Principal Senior Civil Judge, Ahmedabad in Civil
Misc. Application No.96 of 2008 is hereby quashed and set aside and
Regular
Civil Suit No. 72 of 2009 is restored to file on
condition that the petitioner
shall pay a sum of Rs.5000=00 (Rupees Five Thousand
only) to each of the respondent Nos.1 and respondent.3/1 by Demand
Draft or Pay Order to be paid within a period of ten days from
today. On such payment and declaring the same before the learned
trial court, the learned trial court is hereby directed to restore
the Regular
Civil Suit No. 72 of 2009
to its file and proceed further with the same in
accordance with law and on merits. Rule is made absolute to the
aforesaid extent In
the facts and circumstances of the case, there shall be no order as
to costs.
[M.R.
SHAH, J.]
rafik
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