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FA/200020/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2000 of 2008
With
CIVIL
APPLICATION No. 4871 of 2008
In
FIRST APPEAL No. 2000 of 2008
=========================================================
GURUCHARANDAS
R MALHOTRA MANAGING DIRECTOR OF & 3 - Appellant(s)
Versus
JAYESH
HIMATLAL SHAH & 2 - Defendant(s)
=========================================================
Appearance
:
MR
MEHUL S SHAH for
Appellant(s) : 1 - 4.MR SURESH M SHAH for Appellant(s) : 1 - 4.
DR
SONIA HURRA for Defendant(s) : 1, 3.2.1, 3.2.2, 3.2.3, 3.2.4, 3.2.5,
3.2.6, 3.2.7,3.2.8
MR VIBHUTI NANAVATI for Defendant(s) : 2,
None
for Defendant(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 21/08/2008
ORAL
ORDER
In
view of the averments made in the appeal and since the decree is a
compromise decree, the appropriate remedy for the appellants is to
approach the trial court with an appropriate application.
Accordingly,
if the appellants approach the trial court with an application within
a period of two weeks from today, such application shall be
considered by the trial court on merits without going into the
technicalities of the matter in view of the fact that the appellants
have pursued the matter by way of appeal before this Court.
With
the above observations the appeal is disposed of. The status quo as
on today will be continued for two weeks from today.
Since
the main appeal has been disposed of, the above civil application
would not survive and is accordingly disposed of.
[K.S.
JHAVERI, J.]
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