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CRA/75/2000 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
REVISION APPLICATION No. 75 of 2000
=========================================================
HIRABEN
WD/O BECHARBHAI MADHAVLAL & 3 - Applicant(s)
Versus
PATEL
GANESHBHAI KHUSHALDAS & 1 - Opponent(s)
=========================================================
Appearance :
(MR
SR SHAH) for Applicant(s) : 1,1.2.4 NOTICE SERVED for Applicant(s) :
1.2.1, 1.2.3,1.2.5 - 4.SERVED BY AFFIX.(N) for Applicant(s) : 1.2.2
MR PRAKASH K JANI for Opponent(s) : 1,
MR NIRAJ SONI, AGP for
Opponent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/05/2010
ORAL
ORDER
By
way of this revision application under Section 115 of Code of Civil
Procedure, petitioners-original plaintiffs- appellants have prayed
for an appropriate order to quash and set aside the impugned order
passed by 3rd Extra Assistant Judge, Mehsana returning
the memo of appeal to the petitioners for presenting it before the
High Court observing that appeal against the order passed by the
learned trial Court passed below Exh.5 would not be maintainable
before the learned District Court, Mehsana.
Though
served, nobody appears on behalf of the petitioners.
Appeal
before the learned Appellate Court was arising out of the order
passed by the learned trial Court passed below Exh.5 in a suit which
was filed in the year 1998.
Under
the circumstances, when the order passed by the learned trial Court
passed below Exh.5 has been in operation till date, the present
revision application is disposed of without further entering into
the merits of the case. However, directing the learned trial Court
to decide and dispose of the suit of 1988, if not decided so far, at
the earliest but not later than 31st December, 2011.
With
this, present revision application is disposed of.
(M.R.SHAH,
J.)
(ashish)
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