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SCA/5537/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5537 of 2009
=========================================================
CHANDULAL
NANJIBHAI DAMA - Petitioner(s)
Versus
PAREKH
BROTHERS & 2 - Respondent(s)
=========================================================
Appearance :
MR
RASHMIN CHHAYA, FOR MR ANSHIN H DESAI
for Petitioner(s) :
1,
NOTICE SERVED for Respondent(s) : 1 - 3.
MR DP KINARIWALA
for Respondent(s) : 1,
MR ASHISH M DAGLI for Respondent(s) : 2,
MR
PJ KANABAR for Respondent(s) : 3,
MSADITIPKANABAR for
Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 04/05/2010
ORAL
ORDER
After
the order was passed on 30/04/2010, learned Advocate Mr.D P
Kinariwala, for respondent No.1 tenders an unconditional apology on
behalf of respondent No.1 on an affidavit.
1.1 Shri
Prahladbhai Haribhai Parekh-respondent No.1 is present before the
Court, tenders unconditional apology and seeks indulgence of this
Court and, assures this Court that he will see to it that in future
no such mistake will be repeated / committed.
2. In
that view of the matter, the Court is taking lenient view and
restrains itself from passing any further adverse orders against
respondent No.1 herein.
3. Having
heard learned Advocate, Mr.Chhaya, for the petitioner, the matter
requires to be allowed. Hence, RULE. At the request of learned
Advocate for the petitioner and as Mr.Kinariwala, learned Advocate
for the respondent No.1, has no objection, the matter is taken up for
final consideration today.
3.1 The
impugned order passed by the learned Principal Senior Civil Judge,
Jamnagar dated 14/04/2009 below application Exh.18 in Special Civil
Suit No.26 of 2009 is quashed and set aside and the Court below is
directed to hear and decide the Special Civil Suit No.26 and 2009
together with Special Civil Suit No.23 of 2009. The Court below is
also directed to give due priority to decide the said suits, as
expeditiously as possible, preferably within a period of six months
from today. Rule made absolute to the aforesaid extent.
4. At
the request of Mr.Kinariwala, learned Advocate for the respondent
No.1, it is clarified that the Court below will decide the suits in
accordance with law without being influenced by the observations made
by this Court in earlier order and the factum of filing an
unconditional apology by respondent No.1.
(RAVI
R TRIPATHI, J.)
sompura
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