Gujarat High Court Case Information System
Print
SCA/8819/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8819 of 2010
======================================
RAMESH
DULABHAI NAKUM & 1 - Petitioner(s)
Versus
KATHADBHAI
BHAGWANBHAI NAKUM & 2 - Respondent(s)
======================================
Appearance :
MR
PJ KANABAR for Petitioners
Mr.
Devang R. Bhatt for MR BM MANGUKIYA for Respondent Nos. 1 and 2
None
for Respondent(s) : 3,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 30/07/2010
ORAL
ORDER
Mr.
P. J. Kanabar, learned counsel for the petitioners submits that the
lower appellate court, while rejecting the application for interim
relief and confirming the order passed by the trial court, has not
taken into consideration certain vital aspects with regard to
evidence on record.
However,
considering the scope of exercise of
power under Articles 226 and 227 of the Constitution of India, if the
lower appellate court is directed to decide the appeal within three
months from today, the interest of justice will be served and, in
such eventuality, the lower appellate court shall consider all the
aspects including the contentions which have already been raised at
the stage of interim application.
With
the aforesaid observation, this petition stands disposed of
accordingly with no order as to costs. Direct service is permitted.
(ANANT
S. DAVE, J.)
(swamy)
Top