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SCA/8548/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8548 of 2008
=========================================================
MOHANBHAI
LAXMANBHAI DAVADIA - Petitioner(s)
Versus
RAMESHCHANDRA
AMRUTLAL KARIA & 2 - Respondent(s)
=========================================================
Appearance
:
MR
HASIT H JOSHI for
Petitioner.
MR RC KAKKAD for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 08/07/2008
ORAL
ORDER
1.
Rule. Mr.R.C.Kakkad, learned advocate waives service of notice of
rule on behalf of respondents. With the consent of learned advocates
appearing for the respective parties, the petition is taken up for
final hearing today.
2.
It is not in dispute that being aggrieved and dissatisfied with
the order passed below Exh.5 by the learned 4th Joint
Civil Judge (S.D.), Jamnagar dated 25.7.1998 in Regular Civil Suit
No.229 of 1998, respondents herein preferred appeal before the
learned Principal District Judge, Jamnagar being Civil Misc. Appeal
No.77 of 1998. It is also not in dispute that the appellants of that
appeal ? respondents herein withdrew the said appeal
unconditionally. Meaning thereby, the order passed below Exh.5 came
to be confirmed. Once the appeal against the order passed below
Exh.5 came to be withdrawn, there was no reason for the learned
appellate court to pass a further order virtually modifying the order
passed below Exh.5. Under the circumstances, the
direction/clarification of the learned Principal District Judge,
Jamnagar in its order dated 9.5.2008 passed in Civil Misc. Appeal
No. 77 of 1998 to the effect that ?Sfor the purpose of avoiding
multiplicity of proceedings between the parties, it will be just and
proper to clarify that the tenant shall not put up any type of the
permanent construction and shall not put any type of wooden partition
etc. in such a manner that it may cause damage to the rented
premises??, requires to be quashed and set aside and is accordingly
set aside and parties to abide by the order passed below Exh.5 passed
by the learned 4th Joint Civil Judge (S.D.), Jamnagar
dated 25.7.1998 in Regular Civil Suit No.229 of 1998.
3.
Rule is made absolute accordingly. There shall be no order as to
costs.
(
M.R. SHAH, J. )
syed/
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