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MCA/3446/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 3446 of 2010
In
SECOND
APPEAL No. 80 of 1990
=========================================================
SUGRABIBI
HAJI ABDULKADAR - DECEASED THROUGH LEGAL HEIR & 1 - Applicant(s)
Versus
MOHMADHUSAIN
ABDULREHAMAN ABDULKARIM - Opponent(s)
=========================================================
Appearance :
MR
CB DASTOOR for
Applicant(s) : 1 - 2.
MR NIRAV R. MISHRA for Opponent(s) : 1,
1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6,1.2.7
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 16/12/2010
ORAL
ORDER
1. Rule.
Mr. N.R. Mishra waives service of notice of rule on behalf of the
opponents.
2. Present
Misc. Civil Application has been filed by the applicants for
restoration of Second Appeal No. 80 of 1990 on the grounds stated in
the application. In view of the order passed earlier with an
undertaking the learned Advocate Mr. Dastoor has stated that the
Regular Civil Suit No. 13 of 2009 before the District Court,
Ahmedabad (Rural) would be withdrawn.
3. Therefore,
considering the grounds mentioned, the present application for
restoration deserves to be allowed. Accordingly, the prayer in terms
of para 8(B) is granted. The Second Appeal No. 80 of 1990 is ordered
to be restored to the file for hearing.
4. Rule
made absolute accordingly.
(RAJESH
H. SHUKLA, J.)
jani
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