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SCA/6474/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6474 of 2010
=====================================
SHARMISTHABEN
RAMESHCHANDRA SHAH, R/O AT 199, MANEK BAUG SOC & 1 -
Petitioner(s)
Versus
MITENBHAI
RAMESHCHANDRA SHAH - Respondent(s)
=====================================
Appearance
:
MR DEVANG VYAS for
Petitioner(s) : 1 - 2.MR NIKUNT K RAVAL for Petitioner(s) : 1 -
2.
RULE SERVED BY DS for Respondent(s) : 1,
VIRAL K SHAH for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 24/06/2010
ORAL
ORDER
1.0 Taking
into consideration the fact that Sharmisthaben Rameshchandra Shah
petitioner herein is the real mother and Rameshchandra Sarabhai Shah
is the real father of the respondent herein original plaintiff
Mitenbhai Rameshchandra Shah, the Court thought it proper to call the
parties and hear the matter in the chamber.
2.0 Sharmisthaben
Rameshchandra Shah, Rameshchandra Sarabhai Shah and Mitenbhai
Rameshchandra Shah are present. The matter is heard.
3.0 It
appears that the long drawn difference of opinion between the parties
and their misunderstanding about the conduct of each other, the
situation has reach to such a point from where, it is not possible
for the parties to return. That being so and taking into
consideration the other papers on record, this Court is of the
opinion that order passed by the learned Chamber Judge below exhs. 6
and 7 in Civil Suit No. 2180 of 2009 dated 27th January
2010 cannot be allowed to operate.
4.0 The
fact to which the attention of the Court is drawn by the respondent
Mitenbhai Rameshchandra Shah that is, about the ill health of his
wife, the ailment with regard to Kidney and his son being in standard
X, this Court is of the opinion that the petitioners original
defendants shall suggest alternative accommodation of equal area, as
far as possible in the vicinity of the present residential
accommodation, so that the schooling etc. of the child is not
disturbed and medical treatment, which the wife of respondent is
taking, is not disturbed, to which they can be asked to shift.
5.0 At
the request of learned advocate Mr. Raval for the petitioners,
the matter is kept on 29th June 2010.
5.1 The
learned advocate to come forward with the details of properties of
the same area to which the respondent can be asked to shift.
[
Ravi R. Tripathi, J. ]
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