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CA/6719/1997 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 6719 of 1997
=========================================================
HIRABEN
WD/O PRABHUDAS BABALDAS NAYI & 1 - Petitioner(s)
Versus
ALTALHUSEN
NANABHAI PATHAN & 2 - Respondent(s)
=========================================================
Appearance
:
MR
DR BHATT for
Petitioner(s) : 1 - 2.
MR YV BRAHMBHATT for Respondent(s) :
1,
None for Respondent(s) : 2, 2.2.1,2.2.2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 01/04/2010
ORAL
ORDER
Learned
advocate Mr. M. A. Parikh for learned advocate Mr. D. R. Bhatt
appearing for the applicants has submitted that this application has
become infructuous and the applicants do not press the application in
view of the fact that main matter i.e. First Appeal No.864 of 1992
itself has been disposed of and therefore present application does
not survive.
By
present application, the applicants have prayed that the order passed
in Civil Application No.2878 of 1992 in First Appeal No.864 of 1992
granting the interim relief may be vacated. Differently put, the
applicants have prayed for vacation of interim relief operating in
favour of the opponents. It appears that the application was filed
in 1995 and since then any order for vacating the interim relief does
not appear to have been passed. Thus, even otherwise after lapse of
fourteen years the relief as prayed for in the application does not
deserve to be granted.
In
view of the above said statement of learned advocate appearing for
the applicants, present application stands disposed of as withdrawn
and not pressed.
(K.M.THAKER,
J.)
(ila)
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