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SCA/15993/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15993 of 2010
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DILIPBHAI
MANORDAS PARIKH & 10 - Petitioner(s)
Versus
CHUNILAL
MULJIBHAI MACWANA ALIAS BABU KAKA & 3 - Respondent(s)
=========================================================
Appearance :
MR
MB GANDHI for
Petitioner(s) : 1 - 11.MR CHINMAY M GANDHI for Petitioner(s) : 1 -
11.
Mr. Mehul Shah, for respondent No.1 NOTICE SERVED BY DS
Mr.K
V Shelat for Respondent No.2- UNSERVED-REFUSED
None for
Respondent(s) : 3 - 4.
MS MEENA VYAS for Respondent(s) : 3.2.1,
3.2.2, 3.2.3, 3.2.4,3.2.5 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 24/12/2010
ORAL
ORDER
This
petition challenges order dated 09/12/2010 passed below Exh.7 in
Special Civil Suit No.672 of 2010 by the learned 9th
Additional Senior Civil Judge, Ahmedabad (Rural), Ahmedabad whereby
the request made by by the petitioners – org. plaintiff for
appointment of Court Commissioner came to be rejected.
2. Having
heard the learned Advocates appearing for the respective parties and
in facts and circumstances of the case, this Court is of the opinion
that if the trial Court is directed to hear and decide the
application below Exh.5 then the ends of justice would be met.
3. In
that view of the matter, both the parties are directed to appear
before the Court below on 29/12/2010 for hearing of the application
below Exh.5. The Court below will hear the application below Exh.5 on
day to day basis subject to other work and will dispose of the same
within a period of thirty days from the date of the receipt of the
writ of this Court.
4. With
the above direction the present petition is disposed of. Direct
Service to both the sides is permitted.
(K
S JHAVERI, J.)
sompura
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