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SCA/2232/2008 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2232 of 2008
=========================================================
VIJYABEN
RASIKLAL SORTHIYA & 3 - Petitioner(s)
Versus
NAROTTAM
NANJI HADIA & 7 - Respondent(s)
=========================================================
Appearance
:
MR
KIRTIDEV R DAVE for
Petitioner(s) : 1 - 4.MR RAHUL K DAVE for Petitioner(s) : 1 - 4.
None
for Respondent(s) : 1,3 - 8.
MR PD BHATTE, APP for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 06/02/2008
ORAL
ORDER
The
petitioner original plaintiff has challenged an order dated 1.1.2008
passed by the Presiding Officer, Fast Track Court, Kutch. The said
order came to be passed below an application filed by the
petitioners herein on 24.12.2007. The applicant wanted to be joined
as party in the pending suit. In order to pursue his application
before the trial Court, he requested the Appellate Court to send the
record of the case back to the Court. It was this application which
came to be turned down by impugned order.
Having
heard learned advocate for the petitioners, I find that there should
be no impediment in the applicant filing his applications before the
trial Court for being impleaded as party, but insistence that the
record of the case be returned by the Appellate Court at this stage
cannot be accepted. The Appellate Court has observed that such
request is only to delay the appeal proceedings.
Under
the circumstances, subject to above observations petition is not
entertained.
(Akil
Kureshi,J.)
(raghu)
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