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SCA/10974/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10974 of 2009
=========================================================
BHANJIBHAI
SAVABHAI SATWARA - Petitioner(s)
Versus
DIWALIBENPREMJIBHAISATWARATHROUGHPOWEROFATTORNEY
& 3 - Respondent(s)
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Appearance
:
MR
ASHISH M DAGLI for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6,
1.2.7,1.2.8
NOTICE SERVED BY DS for Respondent(s) : 1,
MR
NIRZAR S DESAI for Respondent(s) : 1,
MR SUDHIR SHAH for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
UNSERVED-REFUSED (N) for Respondent(s) : 2.2.1,2.2.2 - 4,4.2.2
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 15/09/2010
ORAL
ORDER
1. On
earlier occasion i.e. 1st September, 2010, this Court
passed an order expressing that the petition and second appeal both
being of 2009 and still rotating on the admission board, may not be
adjourned. The said order was passed in light of the fact that the
petition and appeal are placed before this Court by virtue of order
passed by the Hon’ble Chief Justice. Earlier, the petition and appeal
were ordered to be placed after order of the Hon’ble Chief Justice,
however, on earlier occasion also the proceedings had to be adjourned
by order dated 25.08.2010 on account of absence of the learned
advocate of both sides. Despite the said order and subsequent dated
1st September, 2010, today also, request for adjournment
is made on the ground that Mr.Desai, learned advocate for the
respondent No.1 has filed sick note.
2. It
is noticed that the affidavit of service of process of the Court to
the respondent Nos.2/1, 2/2, 3/1, 4/1 and 4/2 has not been filed. Any
appearance on behalf of the said respondents is also not entered. The
cause list also shows that some of the unserved respondents have
refused service. The petitioner-appellant does not appear to have
taken any steps for service of notice to unserved respondents. While
adjourning the proceedings in view of the sick note filed by the
learned advocate for the respondents, the petitioner is directed to
take steps to ensure that all unserved respondents are duly served.
3. Interim
relief, if any, to continue till then. S.O. to 1st
October, 2010.
(K.M.
Thaker, J.)
rakesh/
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