Gujarat High Court
Lalchand Rameshwarlal Sharma vs Chandannagar Co Operative Housing ... on 24 August, 2015
Bench: Jayant Patel, N.V.Anjaria
C/LPA/1119/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 1119 of 2015
In SPECIAL CIVIL APPLICATION NO. 1785 of 2015
==========================================================
LALCHAND RAMESHWARLAL SHARMA....Appellant(s)
Versus
CHANDANNAGAR CO OPERATIVE HOUSING SOCIETY LIMITED &
1....Respondent(s)
==========================================================
Appearance:
MR EJAZ M QURESHI, ADVOCATE for the Appellant
MR RAKESH B SHARMA, ADVOCATE for the Appellant
==========================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
JAYANT PATEL
and
HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 24/08/2015
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JAYANT PATEL)
1. Present Letters Patent Appeal is directed against the order dated 21.7.2015 passed by the learned Single Judge of this Court in Special Civil Application No. 1785 of 2015, whereby the learned Single Judge has stayed the order passed by the Gujarat State Cooperative Tribunal on condition that if the Board of Nominee so directs to restore the original position, necessary steps shall be taken at the cost of the Society for restoration of the original position.
2. We have heard Mr. Ezaz M. Qureshi, learned counsel appearing Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed Aug 26 01:46:34 IST 2015 C/LPA/1119/2015 ORDER on behalf of the applicant. It is an admitted position that the main Special Civil Application is pending before the learned Single Judge and the learned Single Judge has exercised the discretion and passed the interim order. We have considered the map and the area adjacent to tenement D-86. Considering the map and the road adjacent to tenement D-86, it cannot be said that the discretion exercised by the learned Single Judge for grant of interim relief is ex facie erroneous or perverse which may call for interference by this Court in exercise of the power under the Letters Patent.
3. Mr. Qureshi, learned counsel appearing for the appellant attempted to contend that by grant of the interim relief, the main petition is allowed and therefore, such interim order ought not to have been passed by the learned Single Judge.
4. On principle, Mr. Qureshi is correct, but at the same time, the learned Single Judge has not granted the interim relief unconditionally, but has granted it on condition that the original position shall be restored if it is so directed by the Board of Nominee in the suit. It is only a matter of construction of road which will be a part of common facility to all the members of the Society and is not for demolition of any structure or otherwise.
5. In view of the above read with the reasons recorded by the leaned Single Judge, we do not find that any case is made out for interference. The present appeal is meritless and is dismissed accordingly.
(JAYANT PATEL, ACJ.) Page 2 of 3 HC-NIC Page 2 of 3 Created On Wed Aug 26 01:46:34 IST 2015 C/LPA/1119/2015 ORDER (N.V.ANJARIA, J.) pirzada Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed Aug 26 01:46:34 IST 2015