High CourtsSingle Bench(2010) 11 GUJ CK 0019

Hajibegam Abdulla Uraiji, Thro'' her Power of Attorney Holder vs State of Gujarat and Another

Gujarat High Court · Decided on 26 November 2010

HON’BLE JUDGES
Mukesh R. Shah, J
RESULT
Dismissed
CASE NUMBER
Special Criminal Application No''s. 1856 of 2005 and 191 of 2006

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Judgment

4 paragraphs · 253 words

M.R. Shah, J.—Both these petitions have been arisen u/s 145 of the Code of Criminal Procedure.

2.

Today, when both the petitions are taken up for hearing, Mr. B.B. Naik, learned senior advocate appearing with Mr. Satyan Thakkar, learned advocate appearing on behalf of the respective Petitioners, has stated at the bar that in view of the orders passed by the 9th Additional Senior Civil Judge, Ahmedabad Rural, below Ex.1 in Regular Civil Suit No. 740 of 2001 and Regular Civil Suit No. 283 of 2003, respectively, dtd.14/5/2010, filed by the respective parties to the suits, he does not press both these petitions.

3.

Mr. N.V. Solanki, learned advocate appearing on behalf of the Respondent No. 2 has stated at the bar that there is no settlement between the parties, more particularly by the Respondent No. 2 herein - Ramsingji Khodaji and he asserted that the Respondent No. 2 is in possession of the disputed land in question.

4.

Without expressing any opinion on merits of the matters and without expressing anything with respect to the legality and validity of the alleged settlement between the parties to the suit and orders passed by the 9th Additional Senior Civil Judge, Ahmedabad Rural, below Ex.1 in Regular Civil Suit No. 740 of 2001 and Regular Civil Suit No. 283 of 2003, respectively, dtd.14/5/2010, and without expressing any opinion on merits in favour of either parties with respect to possession, both these petitions are dismissed as not pressed. Rule is discharged in each of the petitions.