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SCA/7960/1993 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7960 of 1993
=========================================================
BHATT
JITENDRAKUMAR MAHASUKHRA & 8 - Petitioner(s)
Versus
BHATT
DHANESHVER ISWARBHAI & 14 - Respondent(s)
=========================================================
Appearance
:
MR
ND NANAVATI for
Petitioner(s) : 1 - 9.
MR BJ TRIVEDI for Respondent(s) : 1 - 6,8 -
14.
MR JT TRIVEDI for Respondent(s) : 1 - 6,8 -
14.
UNSERVED-EXPIRED (R) for Respondent(s) : 7,
- for
Respondent(s) : 0.0.0
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 17/09/2010
ORAL
ORDER
The
petitioner has prayed for following reliefs:
(A) Your
Lordships will be pleased to issue a writ of prohibition or a writ in
the nature of prohibition and further be pleased to restrain the
Tribunal-Court of the Civil Judge (J.D.) Talaja from proceeding
further with the hearing of the Election Petition No.1 of 1992 which
is pending on his file.
(B) Your
Lordships will be pleased to issue a writ of certiorari or a writ in
the nature of certiorari and further be pleased to quash and set
aside the order passed below Exh.4 by the Tribunal-Court of the Civil
Judge (J.D.) Talaja in Election Petition No.1/92, Annexure-A to this
petition and further be pleased to dismiss the aforesaid Election
Petition since it has been filed prior to the declaration of the
results as provided under Rule 36 of the Rules.
(C) Pending
admission, hearing and final disposal of this petition, Your
Lordships will be pleased to stay further proceeding of Election
Petition No.1/92 pending on the file of the Tribunal-Court of the
Civil Judge (J.D.) Talaja.
(D) to
pass such other and further order necessary in the interest of
justice.
By
order dated 10/8/1993, ad interim relief was granted. Thereafter by
order dated 16/9/1993, the ad interim relief was treated as interim
relief. Since then the petition is pending without further
prosecution.
As
can be seen from the relief prayed for, the petitioner approached
this Court against the election petition of 1993. By efflux of time,
the cause for the petition has come to an end and the petition has
become infructuous. Hence, the petition stands disposed of as having
become infructuous.
(K.M.THAKER,
J.)
(ila)
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