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AO/76/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 76 of 2008
With
CIVIL
APPLICATION No. 2701 of 2008
In
APPEAL FROM ORDER No. 76 of 2008
==========================================
MANOJBHAI
GOVINDBHAI PATEL - Appellant(s)
Versus
KANTUBHAI
RANCHHODBHAI PATEL & 4 - Respondent(s)
==========================================
Appearance :
MR
PR THAKKAR for Appellant(s) : 1,
MR RR VAKIL
for Respondent(s) : 1,
None for Respondent(s) : 2 -
5.
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 04/03/2008
ORAL
ORDER
1. Present
Appeal From Order has been preferred against the ex parte ad interim
relief passed by the 3rd Additional Senior Civil Judge, Navsari dated
25.2.2008 below Exhibit 5 in Special Civil Suit No.10 of 2008.
2. Having
heard the learned counsel appearing for both the parties and looking
to the facts and circumstances of the case, it prima facie appears
that the learned counsel appearing for the respondent is unable to
point out whether there is a compliance of Order 39 Rule 3 of Code of
Civil Procedure or not. Thrice this Court asked the learned counsel
for the respondent about the compliance of the provisions referred to
in Order 39 Rule 3 of Code of Civil Procedure. However, he has no
instruction for this compliance.
3. In
view of the above facts and also looking to the averments made by the
learned counsel for the appellant on oath that though they have filed
caveat no copy of Exhibit 1 and Exhibit 5 in Special Civil Suit No.10
of 2008 has been served. The affidavit of the present appellant
(original defendant) before the trial Court is also annexed with the
memo of present appeal (Annexure L).
4. In
view of this fact, the order passed by 3rd Additional Senior Civil
Judge, Navsari dated 25.2.2008 below Exhibit 5 in Special Civil Suit
No.10 of 2008, is hereby suspended.
5. It
is stated by the learned counsel for the parties that even otherwise
further hearing of Exhibit 5 application is fixed on 7.3.2008. Thus,
the stay granted by the trial Court, shall not be made operative and
enforceable at all. The trial Court will decide Exhibit 5 application
without being influenced by the order passed by this Court. Hence,
this Appeal From Order is disposed of. Civil Application is also
disposed of.
(D.N.
PATEL, J.)
ynvyas
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