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1996 Supreme(Guj) 26

M.R.CALLA
Maniben Virabhai – Appellant
Versus
District Development Officer – Respondent


Advocates Appeared: H.S.MUNSHAW, I.M.PANDYA, Y.S.LAKHANI

M. R. CALLA, J.

( 1 ) THIS matter comes up on Civil Application No. 172 of 1995 which was filed by the present applicant for vacating ad-interim relief. This application for vacating ad-interim relief was moved before this Court on 20. 7. 1995 with a copy to Mr. H. S. Munshaw (the learned counsel for original petitioner) supplied on 2. 8. 1995. The applicant seeks vacation of ex-parte ad-interim order dated 19. 1. 1994 which was passed by this court while issuing Rule and whereby the payment of backwages to the present applicant i. e. original respondent in the main Special Civil Application No. 642 of 1994 was stayed. The application for vacating ad-interim relief was filed with proper court fees stamp.

( 2 ) ALTHOUGH a copy of the application was served on 2. 8. 1995 upon the original petitioner who had obtained ex-parte ad-interim order on 19. 1. 1994 without furnishing copy of the Paper Book to the otherside, the application is still pending and has not been disposed of. Two weeks period expired on 16. 8. 1995, and therefore, in terms of Article 226 (3), the ex-parte ad-interim order dated 19. 1. 1994 stood vacated automatically. Article 226 (3) is reproduced as under:"226 (3 )










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