Gujarat High Court
Yunus Ibrahim Adam Patel vs Special Secretary Revenue Department ... on 14 March, 2017
Author: K.M.Thaker
Bench: K.M.Thaker
C/CA/3684/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 3684 of 2017
In SPECIAL CIVIL APPLICATION NO. 17216 of 2012
YUNUS IBRAHIM ADAM PATEL....Applicant(s)
Versus
SPECIAL SECRETARY REVENUE DEPARTMENT (APPEALS) &
12....Respondent(s)
Appearance:
MR. AH MOHAPATRA, ADVOCATE for the Applicant(s) No. 1
MR MANAN MEHTA AGP for the Respondent(s) No. 1 , 8 - 9 , 13
MR SHAKEEL A QURESHI, ADVOCATE for the Respondent(s) No. 2 - 4
CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 14/03/2017
ORAL ORDER
Leave to amend paragraph No.5 is granted. The amendment to be carried out forthwith.
2. Heard Mr. H.C.Dave, learned advocate, for Mr. Mohapatra, learned advocate for the applicant, Mr. Qureshi, learned advocate for the opponent Nos.2 to 4, and Mr. Mehta, learned AGP for the opponent Nos.1, 8 to 9 and 13.
2.1 Rule returnable forthwith. Mr. Qureshi, learned advocate and Mr. Mehta, learned AGP, have waived service of Rule for the respective opponents. At the request of learned advocate for the applicant and with consent of learned counsel for the opponents, the application is taken up Page 1 of 4 HC-NIC Page 1 of 4 Created On Mon Aug 14 09:15:27 IST 2017 C/CA/3684/2017 ORDER for final order today.
3. In present application, the applicant has prayed, inter alia, that:-
"9A. That the Hon'ble High Court be pleased to delete Opponent no.5 (Original Respondent No.5) in further proceeding of Special Civil Application 17216 of 2012.
B. That the Hon'ble High Court be please to fix the nearest possible date for hearing of Special Civil Application No.17216 of 2012 in the interest of justice."
4. So as to support and justify the request made in the application, the applicant has averred and stated that:-
"4. That Recently the Applicant has came to the know that Respondent 5 passed away on 17.06.2013. A copy of death certificate is annexed hereto and marked as Annexure - C. That the Respondent No.5 was Power of Attorney of heirs of Ahmed Musa and upon the death of Respondent No.5 power of attorney automatically ceases to operate and further no right to sue would survive for and on behalf of Respondent 5.
5. Further having regard to the subject matter of challenge in the accompanied petition to the order dated 02.11.2012, Respondent No.5.1 to 5.8 are neither necessary nor proper parties to the proceeding which is evident from the plaint filed by the Opponent in Civil Court in Civil Suit."
5. Learned advocates for the respondents submitted that they do not have any objection if the petitioner deletes respondent No.5 from the proceedings at his risk and consequence.
6. Learned advocate for the applicant reiterates that for prosecution of petition and having regard to the subject matter of the petition, the Page 2 of 4 HC-NIC Page 2 of 4 Created On Mon Aug 14 09:15:27 IST 2017 C/CA/3684/2017 ORDER respondent No.5 and 5.1 to 5.8 are not necessary parties and petitioner does not seek any relief or direction against the said respondents and the said respondents may be deleted at the risk and consequence of the applicants.
7. Considering the said submission by learned advocate for the applicants, following order is passed:-
[a] Since the learned advocate for the applicant declared that the respondent No.5 is not necessary party and any relief or any direction against the said respondent is not prayed for, the request made in paragraph No.9-A is granted with clarification and condition that any order which may be passed in proceedings i.e. main petition and/or any direction which may be issued by this Court in main petition or any relief which may be granted by the Court in the main petition will not be applicable and/or binding to the said respondents since the petitioner has voluntarily and consciously chosen to delete said respondents from the proceedings on the ground that the said respondents are not necessary party and any relief is not prayed for against the said respondents.
[b] So far as the relief prayed for in paragraph Page 3 of 4 HC-NIC Page 3 of 4 Created On Mon Aug 14 09:15:27 IST 2017 C/CA/3684/2017 ORDER No.9-B is concerned, having regard to the fact that several old and senior matters are still pending in the cause list of final hearing, office is directed to list the main petition No.17216 of 2012 in due course and according to its seniority.
With aforesaid observations and direction, present application is partly allowed and accordingly stands disposed of. Rule is made absolute to the aforesaid extent.
(K.M.THAKER, J.) kdc Page 4 of 4 HC-NIC Page 4 of 4 Created On Mon Aug 14 09:15:27 IST 2017