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SCA/4615/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4615 of 2009
=========================================================
RAMESHCHANDRA
CHHOTALAL GANDHI - Petitioner(s)
Versus
JAYANTILAL
@ VASANTLAL CHUNILAL & 1 - Respondent(s)
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Appearance
:
MR
BAIJU JOSHI for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 12/05/2009
ORAL
ORDER
1. Heard
Mr.Baiju Joshi for the petitioner.
2. This
Court is inclined to join Surat Municipal Corporation as party
respondent.
3. Keeping
in mind the nature of the controversy placed by the present
petitioner, it is open for the petitioner to join Surat Municipal
Corporation as party defendant in the suit if the petitioner
plaintiff so desires.
4. Notice
to the respondents and the same is returnable on 16th
June,2009. Meanwhile, the petitioner being tenant of the premises can
approach the Corporation for necessary permission to get the premises
enjoyed by him, repaired and renovated so that he can protect his
property and material in the shop as a shop-keeper initially at his
cost. There shall not be any further demolition of the premises till
further order may be passed and if the petitioner spends any amount
in getting the premises repaired, the he is entitled to recover the
same from the landlord keeping in mind the statutory rights available
to the tenant and he can also initiate proceedings irrespective of
the pendency of the present petition.
5. Pendency
of the present petition shall not come in the way in hearing of the
application Exh.26 at present pending before the learned lower Court
and the learned judge shall hear and decide the application Exh.26
without being influenced of pendency of the present petition and the
orders passed by this court today. Direct service permitted.
(C.K.Buch,
J.)
sudhir
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