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MCA/2056/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 2056 of 2011
In
FIRST
APPEAL No. 2816 of 2010
=========================================================
VELJIBHAI
LAKHUBHAI AYAR - Applicant(s)
Versus
GOPALBHAI
LAKHUBHAI AYAR & 1 - Opponent(s)
=========================================================
Appearance :
MR
SATYEN B RAWAL for
Applicant(s) : 1,
None for Opponent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 23/08/2011
ORAL
ORDER
1.
On 29.12.2010 this Court issued Notice in the matter only on account
of the statement made by learned counsel for the applicant that the
matter shall be settled. It appears that non-cooperation of the
applicant and his advocate has led to this situation and I see no
reasons to restore the First Appeal.
2. Today,
an attempt has been been by learned counsel Mr. S.B. Rawal appearing
on behalf of the applicant, who is the third advocate engaged by the
applicant in this matter, states that the trial Court concerned has
passed order in three different applications and that reference of
only one order has been made in this proceedings. It is well settled
that one cannot travel beyond what has been stated in the main
matter. In the main matter also, no such averments have been made.
Therefore, the submission made by learned counsel Mr. Raval is not
found to be in good spirit.
3. In
view of the above, the present application stands rejected.
[K.
S. JHAVERI, J.]
Pravin/*
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