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1995 Supreme(Guj) 199

B.N.KIRPAL
MUNICIPAL CORPORATION, RAJKOT – Appellant
Versus
BHUPATLAL DHARSHIBHAI PAREKH – Respondent


Advocates Appeared: B.P.TANNA, S.B.VAKIL

B. N. KIRPAL, J.

( 1 ) THIS is a Revision Application against the judgment dated 6/12/1982 rendered by the learned Joint District Judge, Rajkot, in Civil Misc. Appeal No. 161 of 1982, whereby he stayed the operation of the Octroi Rules.

( 2 ) IT appears that the respondents had filed Regular Civil Suit No. 730 of 1982 in the Court of the Joint Civil Judge (S. D.), Rajkot, for a declaration that the proposed Octroi Rules and the Standing Orders which were intended to be made applicable with effect from 1-8-1982 as well as the imposition of transit pass system were void and that injunction should be ordered restraining its implementation. Alongwith the suit, application Exh. 5, under Order 39, Rules 1 and 2, for interim injunction was filed. The trial Court rejected the said application for interim injunction. Against the said order of the trial Court, Civil Misc. Appeal No. 161 of 1982 was filed in the Court of the Joint District Judge, Rajkot. By his judgment and order dated 6/12/1982, Mr. B. K. Bhatt, Joint District Judge, Rajkot, allowed the said appeal and granted the injunction as prayed for. While allowing the appeal it was observed that the balance of convenience was not in fa





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