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SA/19720/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 197 of 2007
With
CIVIL
APPLICATION No. 11328 of 2007
In
SECOND APPEAL No. 197 of 2007
=========================================================
CHIMANLAL
LAXMANDAS SATHWARA - Appellant(s)
Versus
SATHWARA
LAXMIBEN,WD/O JAYANTILAL CHHANALAL - Defendant(s)
=========================================================
Appearance
:
MR
DAKSHESH MEHTA for
Appellant(s) : 1,
None for Defendant(s) : 1,
MR PRAKASH K JANI
for Defendant(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 21/07/2008
ORAL
ORDER
Heard.
The following substantial questions of law arise for consideration
in the present second appeal.
Whether
the Appellate Judge was justified in considering the suit property
as an ancestral property, which was purchased by the deceased father
of the original plaintiff and more particularly, when the original
defendant had failed to submit any evidence o show the said property
as the ancestral property.
Whether
the licensee has got any right to claim possession of the suit
property when the license was terminated by a notice dated
25.03.1986.
Hence,
ADMIT.
(K.S.
JHAVERI, J.)
ORDER
IN CIVIL APPLICATION
Rule.
Mr. P.K Jani, learned advocate appearing for the respondents waives
service of notice of rule.
Heard.
Status quo to be maintained by both the sides. Rule is made
absolute accordingly.
(K.S.
JHAVERI, J.)
Divya//
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