SCA/8170/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8170 of 2008 With SPECIAL CIVIL APPLICATION No. 8171 of 2008 with SPECIAL CIVIL APPLICATION No. 8172 of 2008 ========================================= RAJENDRA ALIAS RAJUBHAI PRANJIVAN BHARUCHI - Petitioner(s) Versus PRATIMABEN SANJAYBHAI PATEL - Respondent(s) ========================================= Appearance : MR SHIRISH JOSHI for Petitioner(s) : 1, None for Respondent(s) : 1, ========================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 16/06/2008 COMMON ORAL ORDER
1. Mr.
Shirish Joshi, learned advocate appearing for the petitioner has
relied upon the documents at Annexure B which are at page Nos.28 to
30 and submits that the said documents have been placed on record by
the present petitioner, which would prima facie support the
contentions of the petitioner and yet the learned Court, at this
stage, passed direction with reference to Exhibit 13 requiring the
petitioner to produce the original documents. Mr. Joshi, learned
advocate has made a grievance that on one hand Exhibit 5 application
was not decided and on the other hand, application Exhibit 19 has
been rejected. The said application Exhibit 19 had to be submitted
because Exhibit 5 was not being heard and the respondents was
proceeding with the construction. Mr. Joshi, learned advocate submits
that rejection of Exhibit 19, would, subsequently when Exhibit 5 is
taken up, certainly have adverse effect. Mr. Joshi, learned advocate
also submits that Exhibit 13 application was given on 26.12.2006,
which was replied by the petitioner on 10.4.2008 and suddenly on
29.4.2008, two orders below Exhibits 13 and 19 applications came to
be passed.
2. Though
the subject orders are purely interlocutory and discretionary orders
in view of the petitioners’ submissions and the circumstances, issue
Notice returnable on 19.6.2008. Direct service today is
permitted.
(K.M.THAKER,
J.)
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