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MCA/2394/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2394 of 2010
In
SPECIAL
CIVIL APPLICATION No. 6906 of 1993
=========================================================
GHANSHYAMBHAI
C. LIMBACHIYA & 4 - Applicant(s)
Versus
AMBAJI
GRAM PANCHAYAT & 3 - Opponent(s)
=========================================================
Appearance
:
MS
SRUSHTI A THULA for
Applicant(s) : 1 - 2, 2.2.1, 2.2.2, 2.2.3,2.2.4 - 5.
MR HARIN P
RAVAL for Opponent(s) : 1,
GOVERNMENT PLEADER for Opponent(s) :
2,
None for Opponent(s) : 3 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 12/10/2010
ORAL
ORDER
By
way of present application, the applicants have prayed for reviewing
and recalling the oral judgment dated 16th April 2010
passed by this Court in Special Civil Application No.3641 of 1992
with Special Civil Application No.6906 of 1993.
It
is submitted by Ms.Srushti Thula, learned advocate for the
applicants, that Special Civil Application No.6906 of 1993 is to be
heard separately. However, it is pertinent to note that when Special
Civil Application No.6906 of 1993 came up for admission hearing
before this Court on 29th July 1994, this Court (Coram :
H.L. Gokhale, J) passed the following order:
“Petitioners
and advocates are absent when the matter is called out. Heard
Mr.Harin Raval for Respondent No.1 & Shri A.R. Dave for
Respondent No.2 & 3 holding for D.R. Dave.
Rule.
To be heard with Spl.C.A. No.3641 of 1992. No interim relief.”
Thus,
when Special Civil Application No.6906 of 1993 has been ordered to
be heard with Special Civil Application No.3641 of 1992, it would be
appropriate to recall the order passed in both the matters and it
would be appropriate to restore both the matters accordingly.
In
view of aforesaid, present application is hereby allowed. The oral
judgment dated 16th April 2010 passed by this Court in
Special Civil Application No.3641 of 1992 with Special Civil
Application No.6906 of 1993, is hereby recalled. The Registry is
directed to list both the matters for hearing before the regular
Court on 25th October 2010. The application stands
disposed of accordingly.
(K.S.
Jhaveri, J)
Aakar
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