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SCA/976920/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9769 of 2008
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RAJENDRA
KANEEYALAL SURANA - Petitioner(s)
Versus
PRAHLADBHAI
KANEEYALAL SURANA & 1 - Respondent(s)
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Appearance
:
MR PUSHPADATTA VYAS for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 29/07/2008
ORAL
ORDER
The
petitioner is before this Court being aggrieved by order passed by
the Gujarat State Cooperative Tribunal, Ahmedabad (hereinafter
referred to as ‘the Tribunal’) on Exhibit 4 in Appeal No.323
of 2007 dated 12th March 2008. On the face of it the
order is an interim order during the pendency of the appeal.
The
contention of the petitioner is that under the guise of the order of
status quo respondent no.1 has forcibly entered the premises on 22nd
July 2007 and has started renovation work.
The
learned advocate for the petitioner also invited attention of the
Court that immediately thereupon, i.e. on 27th July 2007,
the petitioner approached Vejalpur Police Station for necessary
action in the matter, but the authorities have not done anything.
2. The
remedy lies for the petitioner in approaching the Tribunal placing
all these facts on record and bringing to the notice of the Tribunal
that by misinterpreting the order of status quo, respondent no.1 is
acting in a particular manner.
3. This
petition is not entertained in view of the aforesaid discussion.
However, it is clarified that non entertainment of this petition will
not preclude or prejudice the petitioner from pursuing the remedy
available to him like approaching the Tribunal and complaining about
the action of respondent no.1.
4. With
these observations the Special Civil Application is disposed of.
(RAVI R. TRIPATHI, J.)
karim
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