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CA/3205/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR VACATING INTERIM RELIEF No. 3205 of 2010
In
CIVIL
APPLICATION No. 10247 of 2008
In
SECOND APPEAL No. 204 of 2008
=========================================================
GHANSHYAM
TULSIDAS PATEL POA HOLDER OF THAKOREBHAI GHAN - Petitioner(s)
Versus
MAHAGUJARAT
MEDICAL SOCIETY & 1 - Respondent(s)
=========================================================
Appearance :
MR
YH VYAS for applicant : 1,
MR DG CHAUHAN for opponent : 1,
MR
PRABHAKAR UPADYAY for opponent :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 29/07/2010
ORAL
ORDER
1. Heard
the learned Advocate Mr Y.H. Vyas for the applicant, learned
Advocate Mr D.G. Chauhan for opponent No.1 and learned Advocate Mr
Prabhakar Upadhyay for opponent No.2.
2. Considering
the rival submissions and on perusal of the averments made in the
application as well as in the affidavit-in-reply filed by the other
side, I am of the view that the second part of the order passed by
the Coordinate Bench of this Court dated 13.2.2009 in Second Appeal
No.204 of 2008 with Civil Application No. 10247 of 2008 requires to
be modified as under:
“During
the pendency of the Second Appeal No.204 of 2008, the parties would
not execute the sale deed in question.”
With
this observation, the Civil Application stands disposed of.
[H
B ANTANI, J.]
msp
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