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AO/251/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 251 of 2011
=========================================
RASHIDMIYA
JAFERMIYA MALEK & 3 - Appellant(s)
Versus
VIJAYSINH
BHAIJIJI THAKORE & 3 - Respondent(s)
=========================================
Appearance :
MR
YATIN OZA WITH MR APURVA R KAPADIA
for Appellant(s) : 1 -
4.
MR TUSHAR MEHTA WITH MR VIRAL K SHAH for Respondent(s) : 1,
MR
TATTVAM K PATEL for Respondent(s) : 2,
RULE UNSERVED for
Respondent(s) : 3 - 4.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 29/08/2011
ORAL
ORDER
Heard
Mr.Yatin Oza, learned senior counsel with Mr.Apurva Kapadia, learned
counsel for the appellants and Mr.Tushar Mehta, learned senior
counsel with Mr.Viral Shah, learned counsel for respondent No.1.
Learned
counsel for respondent No.1 has contended that against the order
passed by the Civil Court, the appellants have appropriate remedy
available by way of filing appeal before the District Court and
therefore, this Appeal from Order is not tenable.
Mr.Oza
states that the appellant will move before the District Court and
will file appeal. He also prays that the District Court may be
directed to dispose of the said appeal, which may be filed by the
appellant, as early as possible, preferably within a period of 60
days.
Heard
both the parties. In view of above, present Appeal from Order is
disposed of with a direction to the District Court to dispose of the
appeal, which may be filed by the appellant, as early as possible,
preferably within a period of 60 days. The Court below is directed
to decide the said appeal purely on merits and in accordance with
law. The present appeal is returned to the appellants so as to
present the same before the Court below immediately, preferably
within 10 days from today. As the present Appeal from Order is filed
within time limit before this Court, question of limitation will not
arise while the appellants approach the lower Court. Order
accordingly.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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