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2003 Supreme(Guj) 366

D.A.MEHTA
SUNNI MUSLIM SAMAJ, BHAVNAGAR – Appellant
Versus
PANDYA MANISHANKER dhanjibhai – Respondent


Advocates Appeared: MAYANK BUCH, MITUL SHELAT, SIRAJ R.GORI, YATIN SONI

D. A. MEHTA, J.

( 1 ) THIS is an application moved by the newly joined respondent No. 11 in Spl. C. A. No. 12594 of 2002. This application under Art. 226 (3) of the Constitution of India seeks vacation of ad-interim relief granted on 30-12-2002 in terms of Para 21 (C) of the memorandum of petition.

( 2 ) THE applicants moved two Civil Applications on 24-2-2003. Civil application No. 1606 of 2003 was filed at the behest of the applicant-Trust praying that the applicant be joined as respondent No. 11 in the main petition. The said application viz. , Civil Application No. 1606 of 2003 came to be granted by this Court on 30-4-2003 and the applicants were permitted to be joined as necessary parties as respondent No. 11 in the main petition.

( 3 ) ON the same day viz. , 30-4-2003, this Court (Coram : Jayant Patel, j.), passed the following order in the present application :"since the applicants are impleaded as party pursuant to the order passed today in C. A. No. 1606 of 2003 in Spl. C. A No. 12594 of 2002 this application under Art. 226 (3) shall be treated as from today onwards. 2. However, Mr. Kazi for the applicants states that the hearing of this application under Art. 226 (3) be t













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