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Bharti vs Unknown

High Court Of Gujarat|29 June, 2012


1. By way of this Civil Revision Application u/s.115 of the Code of Civil Procedure, applicant herein prayed to quash and set aside the impugned order passed by learned Additional Civil Judge, Gandhidham, Kachchh dated 07/04/2012 in Civil Misc.Application No.46 of 2009, by which, learned Trial Court has dismissed the said application and refused to grant permission to the applicant to sell property, for which, Letters of Administration was granted to her on the ground that consent of the heirs i.e. husband and brother-in-law of the applicant, who were residing at Spain, have not been obtained and produced.
2. At the outset, Mr.C.J.Vin, learned advocate appearing on behalf of the applicant seeks permission to withdraw the present application with a liberty to submit an appropriate application afresh after complying with all the conditions and after getting consent of all concerned i.e. husband and brother-in-law of the applicant, who are residing at Spain.
3. Permission is accordingly granted. The present application is dismissed as withdrawn. As and when any fresh application is made, the same be considered in accordance with law and on merits, for which, this Court has not expressed anything on merits. No costs.
[M.R.SHAH,J] *dipti Top
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Bharti vs Unknown


High Court Of Gujarat

29 June, 2012