IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 5081 of 2003 For Approval and Signature: HON'BLE MR.JUSTICE A.R.DAVE ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- NEELAMBEN MOHANLAL SHAH Versus HARAKCHAND RATNAJI SHAH DECEASED -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 5081 of 2003 MR SAVJANI for MR AJAY R MEHTA for Petitioner No. 1-2 .......... for Respondent No. 1,2 MR MUKESH R SHAH for Respondent No. 1/1-1/10,1/3-1/6 DELETED for Respondent No. 1/2,1/7-1/9,2/1-2/6 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE A.R.DAVE Date of decision: 28/08/2003 ORAL JUDGEMENT Heard learned advocate Shri Savjani for the petitioners and learned advocate Shri Shah for the respondents. 2. The apprehension of the petitioners is that the trial court may not consider the evidence which has been adduced before it. 3. In my opinion, the Trial Court is bound to consider the pleadings and evidence while deciding the matter. I am sure, that whichever judgment of the Hon'ble Supreme Court, or of the Trial Court, the Trial Court will consider the same before taking final decision in the matter. 4. Learned advocate Shri Savjani has also relied upon the judgment delivered in the case of Dwarkaprasad v. Niranjan & Anr. reported in 2003 (2) G.L.H. 148 5. In view of the above observation made by this Court, learned advocate Shri Savjani does not press this petition and the petition is disposed of accordingly. Rule is discharged with no order as to costs. Direct Service is permitted. [A.R. DAVE, J.] /phalguni/