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SCA/9338/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9338 of 2011
=========================================================
HARIBHAI
KASHIBHAI PATEL DECEASED THROUGH LEGAL HEIRS & 3 - Petitioner(s)
Versus
JIVANBHAI
MOTILAL PATEL & 2 - Respondent(s)
=========================================================
Appearance
:
MR
AG JOSHI for
Petitioner(s) : 1 - 4. MR DIPAK H SINDHI for Petitioner(s) : 1
- 4.
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 01/08/2011
ORAL ORDER
1. This
petition under Articles 226 and 227 of the Constitution of India has
been filed, with the following prayers :
“(A) Your
Lordships will be pleased to admit this petition;
(B) Your
Lordships will be pleased to issue a writ of mandamus
or any other appropriate writ, order
and/or direction expediting the hearing of the Regular Civil Suit
No.514 of 1993 pending before Ld. Civil Judge (S.D.) Judge, Baroda at
Baroda and be pleased to pass order directing the appeal to be
decided in the time bound period;
(C) Your
Lordships will be pleased
to grant such other and further relief/s, as are deemed just, fit,
proper & necessary.”
2. At
the outset, Mr.Dipak H. Sindhi, learned counsel for the petitioners
submits that the interest of justice would be met, if the petitioners
are permitted to make an application to the concerned Court, before
which Regular Civil Suit No.514/1993 is pending and the Trial Court
may be directed to consider the application for expeditious hearing
of the suit.
3. Upon
the above statement being made by the learned counsel for the
petitioners, the following order is passed :
The
petitioners may make an appropriate application before the learned
Civil Judge (Senior Division), Baroda for early hearing of Regular
Civil Suit No.514/1993. On receipt of the said application, the
learned Judge shall consider and decide the same, in accordance with
law, keeping in mind that the suit is pending since the year 1993.
The
petition is disposed of, in the above terms.
It
is made clear that while passing this order, the Court has not
entered into the merits of the case.
Direct
service of this order is permitted.
(Smt.
Abhilasha Kumari, J.)
~gaurav~
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