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2021 Supreme(Guj) 1116

NIRZAR S.DESAI
JAGABHAI BHAGABHAI BARIA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MS MEDHA H PATEL
For The Respondent: MR. BHARAT VYAS, AGP, MR HS MUNSHAW

JUDGMENT :

1. RULE. Learned AGP Mr. Bharat Vyas waives service of notice of rule for and on behalf of the respondent – State and learned advocate Mr. H. S. Munshaw waives service of notice of rule for and on behalf of the respondent no. 4.

2. By way of this petition, the petitioner has prayed for the following reliefs:-

    (a) This Hon’ble Court be pleased to admit and allow the present petition;

(b) This Hon’ble Court be pleased to issue writ of or in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned judgment and order dated 30.03.2019 passed by the learned Principal Senior Civil Judge, Bodeli, Dist. Chhota Udepur in Execution Petition No.09 /2018 and the Execution Petition be allowed with costs;

(c) That pending admission, final hearing and disposal of this petition, this Hon’ble Court be pleased to stay execution, operation and implementation of the impugned judgment and order dated 30.03.2019 passed by the learned Principal Senior Civil Judge, Bodeli, Dist. Chhota Udepur in Execution Petition No.09 /2018 and further be pleased to direct the respondents to deposit the difference amount of award in the accounts of the petit

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