Ajay Hosilaprasad Mishra (Chairman) ... vs Ai Shri Khodiyar Construction Company ... on 26 December, 2019

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Gujarat High Court

Ajay Hosilaprasad Mishra (Chairman) ... vs Ai Shri Khodiyar Construction Company ... on 26 December, 2019

Bench: G.R.Udhwani

           C/AO/313/2019                                              ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/APPEAL FROM ORDER NO. 313 of 2019
                                With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                In R/APPEAL FROM ORDER NO. 313 of 2019
==========================================================
AJAY HOSILAPRASAD MISHRA (CHAIRMAN) THROUGH SELF AND ITS
                        MEMBERS
                          Versus
AI SHRI KHODIYAR CONSTRUCTION COMPANY AND SHRI I KHODIYAR
                      CORPORATION
==========================================================
Appearance:
MR KV SHELAT(834) for the Appellant(s) No. 1,2
for the Respondent(s) No. 1,2,3,4,5
==========================================================
 CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 26/12/2019
ORAL ORDER

Order dated 20/11/2019 rendered below Exhibit7 in Civil Suit No.1428 of 2019 by the City Civil Court, Ahmedabad to an extent it declines the relief; by omission, as to the use of common plot and nonremoval of the debris accumulated on account of demolition of the compound wall by the Municipal Corporation under the orders of the Court is sought to be assailed in this appeal.

Attention of this Court is invited to the admission of the defendant No.3 that the common plot was permitted to be used by her, although defendant No.3 has claimed the ownership over the same; prima facie, the fact remains that the common plot was admittedly used by the members of the society. Therefore, the Notice is required to be issued. Accordingly, Notice returnable on 08/01/2019.

Learned Counsel Mr.Shelat for the appellant states that he would advise the appellant to remove the debris Page 1 of 2 Downloaded on : Thu Dec 26 23:18:58 IST 2019 C/AO/313/2019 ORDER accumulated on account of removal of compound wall in question under the orders of the Court by the Corporation. The learned Counsel is at liberty to do so.

Direct Service (today) is permitted.

(G.R.UDHWANI, J) sompura Page 2 of 2 Downloaded on : Thu Dec 26 23:18:58 IST 2019

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