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Jahirkhan vs Unknown

High Court Of Gujarat|13 June, 2012

JUDGMENT / ORDER

1. The present Civil Revision Application has been preferred by the petitioner for the following main reliefs:
"9(b) That by exercising powers by this Hon'ble High Court, by passing appropriate order or direction to the Courts below, to serve summons of suit Exhibit 40 as per the requirement of order V Rule 1, and 26-A of Civil Procedure Code, upon owner of suit shop describe in Para 1 petitioner namely "Jahirkhan Jamilkhan Pathan, 37, Holly Court, Couroe, Texas, 77304, USA."
(c) Pending the hearing and final disposal of this revision stay the judement and decree passed in Civil Appeal No.41 of 2009 dt.15.05.10 passed by the Appellate Bench of Small Causes Court, Ahmedabad, confirming the judgement and decree passed in HRP Suit No.8603 of 2003 dt.20.04.09 by the Small Cause Court No.3, Ahmedabad.
(d) Ad-interim I/R in terms of Para 9(c) may be granted."
2. For the aforesaid reliefs, the Civil Revision Application u/s.29(2) of the Bombay Rent Act is not maintainable. Admittedly, the petitioner has not prayed to quash and set aside the impugned judgement and order passed by Appellate Bench of Small Causes Court, Ahmedabad. Hence, in absence of such a relief and the reliefs, which are sought in the present Civil Revision Application, for which, Civil Revision Application u/s.29(2) of the Bombay Rent Act is not maintainable. Hence, the present Civil Revision Application is dismissed. Notice is discharged. No costs.
[M.R.SHAH,J] *dipti Top
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Title

Jahirkhan vs Unknown

Court

High Court Of Gujarat

JudgmentDate
13 June, 2012