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SCA/3916/2009 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3916 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
=================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
HAJI
ARIFBHAI HAJI GANIBHAI MEMAN & 4 - Petitioner(s)
Versus
MAMLATDAR
& 3 - Respondent(s)
=================================================
Appearance :
MRS
SHILPA R SHAH for Petitioner(s) : 1 - 5.
Mr.HIMANSHU K. PATEL,
ASST GOVERNMENT PLEADER for Respondent(s) : 1 - 3.
NOTICE SERVED
BY DS for Respondent(s) : 1 - 4.
Mr.B.S. PATEL for Mr.CHIRAG B
PATEL Respondent(s) :
4,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 26/04/2010
ORAL
JUDGMENT
Rule.
Service of rule is waived by Mr.Himanshu K. Patel, learned Assistant
Government Pleader for respondents no.1 to 3 and Mr.B.S. Patel,
learned advocate for respondent no.4.
2. The
petitioners- original plaintiffs are before this Court being
aggrieved by an order passed below exh.47 dated 26.12.2008, whereby
the request made by the petitioner- original plaintiff for Second
Court Commissioner is dismissed. After the matter is opened for
hearing, learned advocate Mr.B.S. Patel for respondent no.4 submitted
that he has instructions not to object to appointment of Second
Court Commissioner, but it may be clarified that this ‘consent”/ ‘no
objection’ be not treated as giving up any right and it should be
made clear that it will be without prejudice to the rights of
respondent no.4 available in this regard. In view of that the order
passed below exh.47 is quashed and set aside. Application-Exhibit 47
is allowed. The Court below is directed to appoint Second Court
Commissioner to draw necessary Panchnama.
3. The
present Special Civil Application is disposed of accordingly. Rule is
made absolute to the aforesaid extent only. Ad interim relief granted
earlier is vacated.
(RAVI
R. TRIPATHI, J.)
karim
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