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SA/203/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 203 of 2009
With
CIVIL
APPLICATION No. 8238 of
2009
=========================================================
STATE
OF GUJARAT & 1 - Appellant(s)
Versus
RAMSING
PUNJABHAI BHAGORA & 2 - Defendant(s)
=========================================================
Appearance
:
GOVERNMENT
PLEADER for
Appellant(s) : 1 - 2.
NOTICE SERVED for Defendant(s) : 1 - 3.
MS
MARIYA M DALAL for Defendant(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 14/09/2010
ORAL ORDER
Order
in Appeal :-
It
is submitted by learned advocate Ms. M.M. Dalal that she is
withdrawing her appearance qua respondent No.3 and she will take
necessary steps for the same.
Heard
the learned advocates appearing for the parties at length. The
following substantial question of law arises for determination of the
Court :-
[i] Whether
the judgment and decree of both the lower courts are sustainable in
eye of law in view of the contentions raised in written statement
Exh.74?
[ii] If
the property is entered in the name of the government as evacuee
property then whether the Civil Court has jurisdiction to try the
suit?
In
view of the above, the appeal is admitted.
Order
in Civil Application :-
NOTICE
returnable on 7th October, 2010.
[M.D.SHAH,
J.]
mrpandya
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