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     ITEM NO.26                                 COURT NO.5                       SECTION III

                                    S U P R E M E C O U R T O F              I N D I A
                                            RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 3798/2018

     (Arising out of impugned final judgment and order dated 29-11-2017
     in FA No. 2394/2016 passed by the High Court Of Gujarat At
     Ahmedabad)

     AMRATBHARTHI SOMBHARATHI BAVA & ORS                                         Petitioner(s)

                                                        VERSUS

     ATIT SHIVGIRI JAGATGIRI (BAVA)                                               Respondent(s)

     (FOR ADMISSION and I.R. and IA No.46606/2018-APPLICATION FOR
     SUBSTITUTION and IA No.46604/2018-EXEMPTION FROM FILING O.T. and IA
     No.46605/2018-PERMISSION    TO     FILE    SLP/TP         and     IA
     No.46607/2018-CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN.)






     Date : 14-05-2018 This matter was called on for hearing today.

     CORAM :                 HON'BLE MR. JUSTICE KURIAN JOSEPH
                             HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

     For Petitioner(s)                   Mr. Nikhil Goel, AOR
                                         Mr. Ashutosh Ghade, Adv.
                                         Ms. Naveen Goel, Adv.

     For Respondent(s)

                      UPON hearing the counsel the Court made the following
                                               O R D E R

                         Permission to file Special Leave Petition is granted.

                         Delay in filing the application for substitution is condoned

     and the application for substitution is allowed.

                         We do not find any reason to entertain this Special Leave

     Petition, which is, accordingly, dismissed.
Signature Not Verified
                         However,   it   will   be   open       to   the   petitioner    to   raise   a
Digitally signed by
MAHABIR SINGH
Date: 2018.05.16

     preliminary issue of limitation, in which case, the trial court
19:05:01 IST
Reason:






     will decide the same before proceeding with the trial.
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      We make it clear that the trial court shall consider the

matter, uninfluenced by any of the observations and findings in the

impugned order.

      In view of the above, the Special Leave Petition is disposed

of.

      Pending Interlocutory Applications, if any, stand disposed of.



(JAYANT KUMAR ARORA)                               (RENU DIWAN)
   COURT MASTER                                 ASSISTANT REGISTRAR