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SCA/22033/2005 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 22033 of 2005
For
Approval and Signature:
HONOURABLE
MR.JUSTICE K.M.THAKER
===============================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
===============================================
KAMLESHBHAI
GIRDHARLAL KOTAK - Petitioner(s)
Versus
NANJIBHAI
NARANBHAI PATEL & 3 - Respondent(s)
===============================================
Appearance
:
MR
TUSHAR L SHETH for Petitioner(s) : 1,
MR DM THAKKAR for
Respondent(s) : 1 - 2, 4,
RULE SERVED for Respondent(s) : 2 -
3.
===============================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 02/12/2010
ORAL JUDGMENT
Present
petition is directed against two interlocutory orders dated 7.10.2005
and 13.10.2005 passed by the learned trial Court below Exh.32 and 33
respectively in Special Civil Suit No.100 of 1991 (which is
thereafter renumbered as Regular Civil Suit No.2661 of 1994).
By
the said two interlocutory orders, the learned trial Court rejected
the applications to recast the issues and permission for amendment
in the plaint, respectively.
When
the petition is taken up for hearing and order is partly dictated,
Mr. T.L.Sheth, learned advocate for the petitioner, has submitted
that in view of the order dated 28.10.2005 passed by this Court
[Coram: Hon’ble Mr. Justice C.K.Buch (as His Lordship then was)], his
client has instructed him to withdraw the petition, at this stage. He
has submitted that in view of the said instructions, he seeks
permission to withdraw the petition. Mr. D.M.Thakkar, learned
advocate for the respondents, has no objection so far as the request
to withdraw the petition is concerned.
Hence,
the request by the learned advocate for the petitioner is accepted.
The petition is permitted to be withdrawn. The petition stands
disposed of as withdrawn. Rule is discharged. Ad-interim relief, if
any, granted earlier, stands vacated forthwith. No order as to costs.
[K.M.Thaker,
J.]
kdc
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