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SCA/3977/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3977 of 2010
=====================================
BIMALKUMAR
CHANDRAKANT PATEL - Petitioner(s)
Versus
MANJULABEN
WD/O CHANDRAKANTBHAI BABUBHAI PATEL & 1 - Respondent(s)
=====================================
Appearance
:
MR ATIT THAKOR for MR PARTHIV A
BHATT for Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 15/04/2010
ORAL
ORDER
1.0 Heard
learned Advocate Mr. Atit Thakor for Mr. Parthiv Bhatt for the
petitioner. The petitioner original plaintiff appellant is
before this Court being aggrieved by an order passed by the learned
Principal Civil Judge, Dakor dated 27th February 2009
below application exh. 5 in Regular Civil Suit No. 26 of 2007,
whereby, exh. 5 application was rejected and interim order granted on
11th June 2007 was vacated. Against that, a Civil Misc.
Appeal No. 25 of 2009 was preferred before the learned 1st
Appellate Judge, who too, dismissed that appeal by judgment and order
dated 4th February 2010.
2.0 The
learned advocate for the petitioner submitted that the petitioner
original plaintiff is residing in the property in question since long
and it is his case that this property came to his share by an oral
partition between he and his brother. He submitted that his father
expired in the year 1993 and his brother got appointment in S.T.
Corporation as a compensate appointment. He further submitted that
his brother is residing at Nadiad with his mother and it is only he,
who is residing in the property in question and is doing petty labour
work. He does not have another shelter and if the interim relief, as
prayed for, is not granted, his family will be without shelter.
3.0 Rule
returnable on 5th May 2010. In the
meantime, Ad-interim relief in terms of Para 11(B).
Direct service is permitted.
[
Ravi R. Tripathi, J. ]
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