Pandya Manishankar Dhanjibhai vs Bhavnagar Ghachivad Meman Jamat Trust on 19 June, 2018

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Gujarat High Court

Pandya Manishankar Dhanjibhai vs Bhavnagar Ghachivad Meman Jamat Trust on 19 June, 2018

Bench: Biren Vaishnav

         C/SCA/14663/2013                              ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 14663 of 2013

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                PANDYA MANISHANKAR DHANJIBHAI
                            Versus
            BHAVNAGAR GHACHIVAD MEMAN JAMAT TRUST
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Appearance:
MR JAYSINH R JADEJA(6542) for the PETITIONER(s) No.
1,1.1,1.2,1.3,1.4,2
DELETED(20) for the RESPONDENT(s) No. 1.6
MS MAMTA R VYAS(994) for the RESPONDENT(s) No. 1.1,1.2,1.3,1.4,1.5
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    CORAM: HONOURABLE MR.JUSTICE BIREN VAISHNAV

                            Date : 19/06/2018

                             ORAL ORDER

1 This matter was listed on 14.06.2018. On that date, the following order was passed:

"The cause list has been revised thrice. Learned advocate Mr. Jaysinh R. Jadeja has remained absent on all the three calls. Learned advocate Ms.Mamta Vyas for the respondents has remained present on the third call. In the interest of justice, Stand Over to 18.06.2018."

2 Mr.Jaysinh R. Jadeja, learned counsel for the petitioner was absent even yesterday. Today, the list has been revised thrice, and even today Mr. Jaysinh Jadeja, learned counsel for the petitioner has remained absent.

3 This Court, by an order dated 23.09.2013 had Page 1 of 2 C/SCA/14663/2013 ORDER granted adinterim relief in terms of paragraph 17(C). As a result of such interim relief, proceedings in Regular Civil Suit No. 337 of 2001 pending before the learned Civil Judge, Senior Division Bhavnagar, is stayed.

4 In view of the continuous absence of the learned counsel for the petitioner, the interim relief granted by the order dated 23.09.2013 is vacated. In other words, it is open for the trial Court at Bhavnagar to proceed with the Regular Civil Suit No. 337 of 2001 pending before the learned Civil Judge, Senior Division, Bhavnagar, pending on its file. Direct service is permitted.

(BIREN VAISHNAV, J) Bimal Page 2 of 2

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