SCA/8817/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8817 of 2008
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YASH
FIN CAP LIMITED - Petitioner(s)
Versus
DINESHBHAI
LAXMANBHAI PATEL & 2 - Respondent(s)
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Appearance :
MR
KV SHELAT for Petitioner(s) : 1,
None for
Respondent(s) : 1 - 3.
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 02/07/2008
ORAL
ORDER
1. Mr.
K.V. Shelat, learned advocate for the petitioner, submitted that the
consent decree was passed in Civil Suit No.315 of 2005. Subsequently,
after delay of almost three years, an appeal against the said
consent decree came to be field by third party, challenging the
consent decree. Mr. Shelat, learned advocate further submitted that
the learned Fast Track Court has without issuing notice, condoned the
delay and has also granted leave to appeal, without hearing the
present petitioner. Mr. Shelat, learned advocate that the learned
Fast Track Court has stayed the order of Civil Court in Civil Suit
NO.315 of 2005, thus by the impugned order dated 6.5.2008, the
consent decree has been stayed. All these orders, he submitted, have
been passed without hearing the petitioner.
Since
the impugned order is of 6.5.2008, an ex parte order is not passed
today. Issue NOTICE returnable on 8.7.2008, when further order with
reference to the impugned order dated 6.5.2008, may be passed. It is
directed that until returnable date, further proceedings in Civil
Misc. Appeal No.24 of 2008 may not be proceeded further. Direct
service is permitted.
(K.M.THAKER,
J.)
ynvyas