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MCA/1665/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION-FOR CONTEMPT No.1665 of 2011
In
CIVIL
REVISION APPLICATION No.8 of 2011
=====================================================
BHAGWANJIBHAI
KHIMABHAI NATHANI - Applicant(s)
Versus
PATEL
BHIKHABHAI BHAVANBHAI NATHANI - Opponent(s)
=====================================================
Appearance
:
MR UMANG R VYAS for Applicant(s) :
1,
MR SP MAJMUDAR for Opponent(s) : 1,
MR PP MAJMUDAR for
Opponent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 03/10/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
basis of the present application is the alleged breach of the order
dated 09.05.2011 passed by this Court in Civil Revision Application
No.8 of 2011 whereby status-quo was ordered to be maintained till the
Mamlatdar decides the matter afresh.
We
have heard learned counsel appearing for both sides.
It
appears that the grievance on the part of the applicant was that
after the order of status-quo was passed by this Court, the road was
damaged and photographs have been produced by the applicant at Page
15.
Pursuant
to the process issued by this Court, the opponent has appeared and
recent photographs dated 27.09.2011 are produced. If the said
photographs are considered, it can be said that the road is
available. Further, the opponent has filed an undertaking that he
shall maintain the status-quo qua the disputed land till the
Mamlatdar decides the application, as per order dated 09.05.2011
passed by this Court in Civil Revision Application No.8 of 2011. The
photographs as well as the undertaking are taken on record.
Under
the circumstances, as now the road is made available, for which
apprehension was shown by the applicant, coupled with the undertaking
of the applicant, we find that the cause would not survive but with
the observation that the opponent shall abide by the undertaking
given before this court. Disposed of accordingly.
Sd/-
[JAYANT
PATEL,J]
Sd/-
[
R.M.CHHAYA, J]
***
Bhavesh*
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