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Navinchandra V Raigagla vs State Of Gujarat Thro

High Court Of Gujarat|28 December, 2012

JUDGMENT / ORDER

1. On 12.12.2012, this Court passed following order :
Notice for final disposal returnable on 26th December, 2012. As the notice is issued for final disposal, at this stage the question of granting interim relief is deferred. However, in case the affidavit-in-reply is not placed on record justifying the stand, then the Court may consider granting of mandatory relief or appropriate relief by way of interim relief. Direct Service permitted today.
2. The record indicates that the said order is served as per the affidavit filed of direct service on 13.12.2012. Till date no reply has been filed controverting the averments made in this petition. The Court is of the considered view that looking to the averments made in this petition and the order passed by this Court on 12.12.2012, the interim relief as prayed for in Para No. 6(c) is required to be granted till the next date of hearing. Accordingly the matter is adjourned to 16.01.2013. By way of ad-interim relief, the further implementation of the order dated 16.08.2012 is suspended. This order was remained in force till the next date of hearing i.e. 16.01.2013. In case no affidavit-in-reply is filed even after 16.01.2013, the Court on the same line may allow the petition as the averments made in this petition would remain uncontroverted which would amount the petitioner to succeed this petition for default on the part of the State.
3. Direct service is permitted.
(S.R.BRAHMBHATT, J.) AS Page 2 of 2
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Title

Navinchandra V Raigagla vs State Of Gujarat Thro

Court

High Court Of Gujarat

JudgmentDate
28 December, 2012