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CRA/149/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
REVISION APPLICATION No. 149 of 2008
=========================================================
HASMUKHRAY
AMRUTLAL JOBANPUTRA & 1 - Applicant(s)
Versus
NAVINCHADRA
VRUJDAS VAID - Opponent(s)
=========================================================
Appearance :
MR
BD KARIA for Applicant(s) : 1 - 2.
MR
BALWANTSINGH H. SOLANKI FOR MR ASHISH M DAGLI for
Opponent(s):1
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CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 08/09/2008
ORAL
ORDER
Mr.Balwantsingh
H.Solanki, learned advocate appears for learned counsel Mr.Ashish
M.Dagli on behalf of the respondent, on Caveat. I have heard
Mr.B.D.Karia, learned counsel for the petitioners, who has taken me
through the judgment and decree of the learned trial Court as well as
the learned appellate Court. He has brought to the notice of this
Court, the findings contained in the judgment of the appellate Court
whereby, it is recorded that the rent was deposited by the
petitioners in Regular Civil Suit No.155 of 1989 on 4.10.1989,
9.1.1990 and 25.1.1990, which dates are prior to filing of Regular
Civil Suit No.33 of 1991 for arrears of rent. It is submitted by
Mr.Karia that in spite of the above findings, the appellate Court, by
its judgment dated 3.5.2008, has set aside the judgment and decree
passed by the trial Court in Regular Civil Suit No.33 of 1991 while
confirming the judgment and decree passed in Regular Civil Suit
No.155 of 1989. He has further submitted that against the common
judgment and decree passed by the trial Court in Regular Civil Suits
Nos.155 of 1989 and 33 of 1991, the respondent has preferred only one
appeal.
Notice
returnable on 30.9.2008.
Interim
relief in terms of paragraph-6(C) is granted till the next date of
hearing.
Direct
Service is permitted.
(Smt.Abhilasha Kumari, J.)
(sunil)
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