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2004 Supreme(Guj) 402

B.J.SHETHNA, M.C.PATEL
PATHAN UMRAVKHAN AMIRKHAN – Appellant
Versus
SHAKINABEN W/d. UMRAVMIYA – Respondent


Advocates Appeared: A.J.PATEL, JITENDRA M.PATEL

B. J. SHETHNA, J.

( 1 ) WIDOW Shakinaben and her sons - original petitioners had filed Special Civil Application No. 7239 of 1989 before this Court under Article 227 of the Constitution of India, with following prayers made in Para : 21 of the Petition : (A) to quash and set aside the order of the Mamlatdar and ALT dtd. 23. 10. 1984 at Annexure : C, and the order of the Gujarat Revenue Tribunal passed in TEN. B. A. 446 of 1985 dtd. 5. 8. 1988 at Annexure:e, and also the order of the Gujarat Revenue Tribunal in Review Application No. TEN. C. A. 43/88 dtd. 21. 7. 1989 at Annexure:f. (B) to confirm the Judgment and order of the Deputy Collector, Kheda dtd. 20. 5. 1985 in Tenancy Appeal No. 628 of 1984 at Annexure:d, and (C) to dismiss the application filed by the respondent under Sec. 70-B of the Act, and (D) to remand the case to decide according to law. "

( 2 ) BEFORE the learned Single Judge, on behalf of the original petitioners, it was submitted that the learned Mamlatdar and ALT, Thasra, had wrongly allowed the Application of the respondent by his order dated 23. 10. 1984, therefore, it was rightly set aside in Appeal filed by them before Deputy Collector on 28. 5. 1985. But, the










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