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MCA/3219/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR REVIEW No. 3219 of 2010
In
MISC.CIVIL
APPLICATION No. 170 of 1995
In
SPECIAL CIVIL APPLICATION No. 8065 of 1994
======================================
LILABEN
PATEL WD/O KARSANBHAI DWARKADAS PATEL - Applicant
Versus
MAMLATDAR
& 2 - Opponents
======================================
Appearance :
MR
JM BAROT for the Applicant.
MS JIRGHA JHAVERI, AGP for the
Opponents.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R.SHAH
Date
: 29/03/2011
ORAL
ORDER
1. Rule.
Ms.Jirgha Jhaveri, learned Assistant Government Pleader waives
service of notice of Rule on behalf of respondents.
2. With
the consent of the learned advocates appearing on behalf of the
respective parties and in the facts and circumstances of the case,
the present application is taken up for final hearing today.
3. The
present application has been preferred by the applicants herein –
legal heirs of original petitioner to recall the order dated
06/08/2009 passed by this Court (Coram: D.A.Mehta,J) in Misc.Civil
Application No.170/1995, by which, the said application came to be
rejected as the applicant is not desirous to pursue the application.
4. Mr.J.M.Barot,
learned advocate appearing on behalf of the applicants has stated
that the date, on which learned advocate appearing on behalf of the
original applicant made a statement, alleged to be under instruction
from the original applicant, was not alive and has already expired in
the year 1998 and, therefore, there is no question of receiving any
instruction from the original applicant. The applicants herein was
not aware of filing of Misc.Civil Application No.170/1995 and in
fact they were very much interested and desirous to pursue the
proceedings of Misc.Civil Application No.170/1995 in Special Civil
Application No.8065/1994. Considering the above, more particularly
when the original applicant of Misc.Civil Application No.170/1995 had
already expired in the year 1998, still learned advocate made a
statement before this Court on 06/08/2009 that original applicant is
not desirous to pursue the said application.
5. In
view of the above, the present application is allowed and the order
dated 06/08/2009 passed by this Court in Misc.Civil Application
No.170/1995 is hereby recalled and Misc.Civil Application No.170/1995
is restored to file. Rule is made absolute to the aforesaid extent.
No costs.
Registry
is directed to notify Misc.Civil Application No.170/1995 on admission
board for further hearing on 01/04/2011.
[M.R.SHAH,J]
*dipti
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