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SCA/13716/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13716 of 2009
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MANJULABEN
NANJIBHAI SAGATHIYA - Petitioner(s)
Versus
REGISTRAR
- Respondent(s)
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Appearance
:
MR
BHARAT T RAO for Petitioner(s) : 1,
RULE SERVED for Respondent(s)
: 1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 11/05/2010
ORAL
ORDER
BELOW SPEAKING TO MINUTES
Heard
learned advocate Mr.Bharat T. Rao for the petitioner. The learned
advocate pointed out that it is mentioned in the order, in the 2nd
unnumbered para that,
.. .. It
is the case of the petitioner that there are 13 co-sharers of the
property, of them one happens to be Laxmiben, the daughter of the
petitioner, who is minor and out of total land admeasuring 16880
sq.mts. the
share of Laxmiben comes to approximately 1299 sq.mts.
(emphasis supplied)
The
learned advocate for the petitioner pointed out that the land
admeasuring 1299 sq meters comes to the share of Nanjibhai. Nanjibhai
being dead, his property will get divided into four shares, viz., his
wife, hid two major children and a minor child, namely, Laxmiben.
That being so, the share of Laxmiben comes to roughly about 399 sq.
meters. But as Laxmiben is minor, the family members have agreed to
deposit the amount calculating her share to
be 450 sq meters. Accordingly, the order dated 01.04.2010 is
required to be amended. The order is modified accordingly. Where
it is mentioned that, Share of Laxmiben comes to 1299 sq meters ,
it should be stated as Share of Laxmiben comes to 399 sq meters .
The family members have agreed to set apart the amount of sale
consideration of 450 sq meters.
2. At the
request of the learned advocate for the petitioner time to file
undertaking is extended. Undertaking shall be filed within four
weeks. The Speaking to Minutes is disposed of. Direct service is
permitted.
(RAVI
R. TRIPATHI, J.)
karim
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