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SCA/4752/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4752 of 2010
=====================================
SADRUDDIN
NURUDDIN SAIYED - Petitioner(s)
Versus
ANILBHAI
RAMDAS GUPTA - Respondent(s)
=====================================
Appearance
:
MR MTM HAKIM for Petitioner(s)
: 1,
None for Respondent(s) : 1, 1.2.1, 1.2.2, 1.2.3,1.2.4
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 23/04/2010
ORAL
ORDER
1.0 The
petitioner original plaintiff applicant is before this Court
being aggrieved by an order passed below application exh. 36 in
Regular Civil Suit No. 8 of 2008 dated 7th July 2009 by
the Principal Civil Judge and Judicial Magistrate First Class, Savli.
2.0 After
the matter is heard for sometime, the learned advocate
Mr. Hakim
for the petitioner submitted that the petitioner is apprehensive that
the observations, which are made by the learned Judge in deciding
exh. 36 – application, may cause prejudice to the rights of the
petitioner at the time of deciding exh. 5 application. He requested
that if it could be clarified that the application exh. 5 be decided
by the learned Judge without being influenced by the observations
made in order dated
7th July 2009 rejecting exh. 36
application.
3.0 The
request is granted. This petition is dismissed having found no
merits in it. At the request of the learned advocate for the
petitioner it is clarified that the learned Judge will decide
exh.
5 strictly in accordance with law, without being influenced by the
observations made in order dated 7th July 2009 passed
below exh. 36.
[
Ravi R. Tripathi, J. ]
hiren
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