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SCA/10/2003 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10 of 2003
=========================================================
NEW
ROYAL FROZEN FOODS THRO' ADMINISTRATOR - Petitioner(s)
Versus
KESHODWALA
FOODS - THRO' ADMINISTRATOR & 2 - Respondent(s)
=========================================================
Appearance
:
MR BHASKAR P TANNA, Sr Advocate
with Mr. Bhavdutt H Bhatt for TANNA ASSOCIATES for Petitioner
MR
AMAR D MITHANI for Respondent(s) : 1,
MR MITUL K SHELAT for
Respondent(s) : 2,
MR ND GOHIL for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT 19th March, 2009
ORAL
ORDER
This
petition preferred under Articles 226 & 227 of the
Constitution of India arises from the judgment and order dated 20th
December, 2002 passed by the learned Joint District Judge, Veraval in
Civil Misc. Appeal No. 66 of 2002.
It appears
that the respondent has instituted Regular Civil Suit No. 230 of 2002
in the Court of learned Civil Judge [SD], Veraval against the present
petitioner for mandatory injunction restraining the present
petitioner from making any construction in the 4.5 meter wide margin
on the north of the plot no. 304. According to the plaintiff, the
defendant had made certain illegal construction on the 4.5 meter wide
margin supposed to be kept open to sky. By Order dated 30th
October, 2002 made by the learned Civil Judge below Application
Exh.5, mandatory injunction was issued against the
petitioner-defendant. The said order has been confirmed by the Court
below. Therefore, the present petition.
In view of
passage of time and the interim direction made pending the
petition, this petition is allowed. The order dated 30th
October, 2002 passed below Application Exh. 5 will remain
stayed pending the suit. The parties will approach the learned Civil
Judge for early hearing of the suit. Rule is made absolute. The
parties will bear their own cost.
{Miss R.M
Doshit, J.}
Prakash*
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