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MCA/579/2010 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR REVIEW No. 579 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
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 ?
=========================================
MANHARBHAI
RATILAL BACHKANI WALA & 5 - Applicant(s)
Versus
KESHUBHAI
MOHANBHAI PATEL & 6 - Opponent(s)
=========================================
Appearance :
MR
DC DAVE for
Applicant(s) : 1 - 6.
MR MEHUL S SHAH for Opponent(s) :
1
None for Opponent(s) : 2 -
7.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 16/04/2010
ORAL
JUDGMENT
1. RULE.
Shri Mehul Shah, learned advocate waives service of notice of
rule on behalf of contesting opponent no. 1.
2. With
the consent of the learned advocates appearing on behalf of the
respective parties, the present application is taken up for final
hearing today.
3. The
present application has been preferred by the applicants-original
respondents nos. 1 to 6 to review/recall and/or modify the order
passed by this Court dated 01/09/2008 in Special Civil Application
No. 10858/2008 to the extent that instead of four release deed not
to be tentatively exhibited it should be eleven release deeds and
one declaration as they are viewed to be insufficiently stamped.
4. Having
heard Shri Dhaval Dave, learned advocate appearing on behalf of the
applicants and Shri Mehul Shah, learned advocate appearing on behalf
of the contesting opponent no. 1, the order passed by this Court
dated 01/09/2008 in Special Civil Application No. 10858/2008 is
hereby modified to the extent that in place of “except four
release deeds” mentioned in paragraph 8 it should be read as
“except eleven release deeds produced at Mark 165/11 to Mark
165/16, Mark 165/19, 165/22, 165/25, 165/28, 165/31 and the
declaration produced at Mark 165/38”.
5. With
this, the present application is allowed. Rule is made absolute to
the aforesaid extent. No cost.
6. Registry
is directed to issue fresh order accordingly.
(M.
R. SHAH, J.)
siji
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