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SCA/11100/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11100 of 2008
With
SPECIAL
CIVIL APPLICATION No. 8196 of 2006
=========================================================
JYOTIBEN
SURESHBHAI YADAV - Petitioner(s)
Versus
GUJARAT
INDUSTRIAL DEVELOPMENTCORPORATION & 1 - Respondent(s)
=========================================================
Appearance
:
MR
ZUBIN F BHARDA for
Petitioner(s) : 1,
MR NV ANJARIA for Respondent(s) : 1 - 2.
MR
MB GANDHI for Respondent(s) : 1,
NOTICE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 15/12/2010
ORAL
ORDER
Learned
advocate Mr. Bharda appearing for the petitioner has submitted that
after hearing the petition (Special Civil Application No.11100 of
2008) to some extent, the respondent corporation was directed to file
an affidavit. He has also submitted that the respondent corporation
has, accordingly, filed further affidavit. So as to take relevant
instructions as regards the contents, he has requested for some time.
Hence, S. O. to 20/12/2010.
So
far as Special Civil Application No.8196 of 2006 is concerned,
learned advocate Mr. Bharda has submitted that the said petition is
required to be heard along with the formal petition i.e. Special
Civil Application No.11100of 2008 in view of the earlier order passed
by the Court directing that both the matters be heard together.
Learned
advocate Mr.Gandhi appearing for the respondent corporation has
opposed the said submission and stated that the petitioners and the
disputed property in both the petitions are different and there is no
justification or cause to suggest that the petitions may be heard
together, except that the respondent is common. Learned advocate
Mr.Gandhi has also submitted that even otherwise the cause for the
petition has come to an end in view of the fact that the petitioner
has sold of the industrial plot and that therefore the request for
allotment of the residential plot will not and does not survive.
Learned advocate Mr.Gandhi submitted that Special Civil Application
No.8196 of 2006 be segregated.
In
view of the request made by learned advocate Mr.Bharda, Special Civil
Application No.8196 is also adjourned along with Special Civil
Application No.11100 of 2008 on 20/12/2010 and the request made by
learned advocate Mr. Gandhi is differed till then.
(K.M.THAKER,
J.)
(ila)
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