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LPA/385/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 385 of 2010
In
SPECIAL
CIVIL APPLICATION No. 22906 of 2006
=================================================
BHANUBEN
HIMMATBHAI GEVARIA - Appellant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=================================================
Appearance :
MR
ASIM PANDYA for HL
PATEL ADVOCATES for Appellant(s) : 1,
MR MANISHA NARSINGHANI, AGP
for Respondent(s) : 1 - 3.
DS AFF.NOT FILED (N) for Respondent(s)
: 4,
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 31/03/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
By
report dated 9.3.2010, the Mamlatdar has reported that no person in
the name of Purviben Himmatbhai Kachhadia is traceable in village
Nesadi, Taluka Savarkundla, District Amreli. The learned counsel
appearing on behalf of the appellant submits that the notice issued
on 4th respondent has returned with an endorsement that no
such person is available at the place.
Ms
Manisha Narsinghani, learned AGP appearing on behalf of the State
also states that no such person like the 4th respondent is
available at the place.
In
the facts and circumstances, we direct the appellant to serve a copy
of the paperbook on the counsel for the State, who in her turn will
get the notice served on the 4th respondent. If no person
is traced out in that name, in that case, the appellate authority
will recall the appellate order and report the Court.
Post
the matter on 21st April, 2010.
[S.J.
MUKHOPADHAYA, CJ.]
[AKIL
KURESHI, J.]
sundar/-
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