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ASHOKKUMAR C.JOSHI
Ritaben Pareshbhai Pathak – Appellant
Versus
Chetnaben Himmatbhai Parekh – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner No.1:Mr. Digant M Popat (5385), Advocate
For the Respondent No.1: Notice Served

JUDGMENT (ORAL)

Dr. Ashokkumar C. Joshi, J.—This petition is filed under Articles 226 and 227 of the Constitution of India, by the petitioner – original plaintiff against the impugned order dated 18.2.2020 passed by the learned City Civil Judge, Court No.14, Ahmedabad below application Exh. 94 in Civil Suit No.1599 of 2008.

2. Heard learned advocate Mr. Digant Popat for the petitioner at length. Though duly served, none is present for the respondent. On the earlier occasion, also last chance was also given to the respondent. Today, at the request of learned advocate for the petitioner, this matter is taken up for final hearing.

3. Rule.

4. Brief facts of the case on hand are that the petitioner is the owner of the Flat No.1/15, Aashray Apartment, near Devdeep Tower, Judges Bunglow Road, Bodakdev, Ahmedabad. That, on 25.9.2004, the petitioner entered into leave and license agreement with the respondent for a period of 11 months starting from 1.10.2004. That, upon expiry of the leave and lincense agreement, the respondent continued to reside in the said flat as she wanted to move out of India and needed the Flat only for a couple of months, therefore, no further leave and license agre

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