Gujarat High Court
Balbhadrasinh Raghuvirsinh Rana & 5 vs Nitaba Balbhadrasinh Rana on 20 May, 2016
Author: A.J. Shastri
Bench: A.J. Shastri
C/CA/4390/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 4390 of 2016
In SPECIAL CIVIL APPLICATION NO. 9941 of 2015
With
SPECIAL CIVIL APPLICATION NO. 9941 of 2015
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BALBHADRASINH RAGHUVIRSINH RANA & 5....Applicant(s)
Versus
NITABA BALBHADRASINH RANA....Respondent(s)
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Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1 - 6
MR JAYSINH R JADEJA, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 20/05/2016
ORAL ORDER
[1] The petitioner has filed the main petition for the purpose of challenging the legality and validity of the order passed below Exh.71. During the pendency of the petition, Civil Application being Civil Application No.4390 of 2016 came to be moved by the petitioner interalia praying to prepone the date of hearing of Special Civil Application No.9941 of 2015 so as to see that the main petition will not become infructuous.
[2] Considering the said Civil Application, this Court (Coram: Hon'ble Mr. Justice S.H.Vora) vide order dated 06.05.2016, has placed the Civil Application before the Vacation Bench on 10.05.2016 as it has been conveyed by the learned advocate for the applicants that learned Trial Court is to proceed further as final arguments are kept on 12.05.2016.
[3] Considering this fact and the urgency posed by the learned advocate for the applicants in the application, this Court vide order dated 11.05.2016, permitted the petitioners Page 1 of 3 HC-NIC Page 1 of 3 Created On Fri May 20 23:58:22 IST 2016 C/CA/4390/2016 ORDER to pray for time before the learned Trial Court by moving an appropriate application and the learned advocate appearing for the respondents has shown his willingness not to protest the said request till 16.05.2016.
[4] On 16.05.2016, this Court has passed the following order:
"Learned advocate Mr.Nirav Sanghavi appearing on behalf of Mr.Ashish M. Dagli, learned advocate for the petitioners states at bar that on account of non- availability of learned trial Judge, the matter is kept before the learned trial Judge on 17.05.2016.
In view of earlier observations which has been made permitting the petitioners to apply for time, is extended upto 20.05.2016.
S.O. to 20.05.2016. Learned advocate for the respondent did not remain present and therefore, the Court is constrained to pass the aforesaid order.
Direct service today is permitted."
[5] On 16.05.2016, learned advocate for the respondents did not remain present and therefore, this Court has granted time and has kept the matter on 20.05.2016.
[6] Today, learned advocate appearing for the respondents has not remained present. Learned advocate Mr.Nirav Sanghvi, appearing on behalf of learned advocate Mr.Ashish Dagli stated at bar that Mr.Ashish Dagli, learned advocate is out of station and he is not in a position to attend the hearing. Therefore, considering this fact, the matter is adjourned to 08.06.2016. In the meantime, observations which has been made permitting the petitioners to apply for time before the learned Trial Court is hereby extended upto 08.06.2016. Direct Service is permitted.
Page 2 of 3HC-NIC Page 2 of 3 Created On Fri May 20 23:58:22 IST 2016 C/CA/4390/2016 ORDER (A.J. SHASTRI, J.) siddharth Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri May 20 23:58:22 IST 2016