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SA/114/1992 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 114 of 1992
=========================================================
UNION
OF INDIA OWING & REPRESENTING WESTERN - Appellant(s)
Versus
MESSRS
HARIBHAI MADHAVLAL & 1 - Defendant(s)
=========================================================
Appearance
:
MR
SHANTILAL S SHAH for
Appellant(s) : 1,MR RAVI KARNAVAT for Appellant(s) : 1,
MR MAHESH
B SHAH for Defendant(s) : 1,
MS MEGHA JANI for Defendant(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 18/11/2010
ORAL
ORDER
Learned
Advocate Mr.SHantilal S.Shah and learned Advocate Mr. Ravi Karnavat
are appearing for appellant. Learned Advocate Mr. Mahesh B.Shah is
appearing for respondent No.1 and learned Advocate Ms. Megha Jani is
appearing for respondent NO.2.
This
Second Appeal is preferred by Union of India owning and representing
Western Railway through General Manager, Western Railway,
Churchgate, Bombay and the amount which has been involved in this
second appeal as per decree passed by trial court in plaintiff’s
suit No. 139 of 1987 is Rs.4117.65 ps., where it was directed to
defendant to pay Rs.4117.65 with interest at the rate of 9 per cent
per annum from the date of suit till its realization. Defendants are
directed to pay costs of suit and bear their own costs. Appeal being
Regular Civil Appeal NO. 31 of 1989 was preferred by respondent NO.1
Haribhai Madhavlal which was allowed by judgment dated 18th
October, 1991 by Extra Assistant Judge, Mehsana.
Today,
when this matter was called out, learned Advocate Mr. Shantilal S.
Shah as well as learned advocate Mr. Ravi Karnavat appearing for
appellant have not remained present, therefore, considering
smallness of the amount involved in this appeal, Rs.4117.65 ps.,
considering entire matter as it is, this court is feeling that it is
not necessary to wait for advocate appearing for appellant and to
adjourn this matter. Therefore, this matter is dismissed for
default.
(H.K.
Rathod,J.)
Vyas
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