Gujarat High Court
Padhiyar Kusumben Bharatbhai & vs Engineer Getco Company & 6 on 16 December, 2016
Author: S.H.Vora
Bench: S.H.Vora
C/SCA/20950/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 20950 of 2016
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PADHIYAR KUSUMBEN BHARATBHAI & 11....Petitioner(s)
Versus
ENGINEER GETCO COMPANY & 6....Respondent(s)
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Appearance:
MR. EKRAMA H QURESHI, ADVOCATE for the Petitioner(s) No. 1 - 12.3
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 16/12/2016
ORAL ORDER
1) Learned advocate for the petitioners seek permission to withdraw the present petition with a liberty to file an appropriate review application before the Appellate Court that the respondents have no right to erect on the pink line as shown in the map at Exh.171. In his submission, the learned Appellate Judge has not considered this aspect of the matter.
2) Accordingly, permission, as sought for, is granted. Petitioners are permitted to move an appropriate review application before the trial Court, pointing out the above fact before the learned trial Judge who shall in turn consider the same after hearing both the sides and pass an appropriate order.
3) With this observation, the petition stands disposed of. Direct service today is permitted.
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