Gujarat High Court
Vimamkumar vs Gujarat on 22 June, 2012
Author: K.M.Thaker
Bench: K.M.Thaker
Gujarat High Court Case Information System
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CA/6789/2012 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR JOINING PARTY No. 6789 of 2012
In
SPECIAL
CIVIL APPLICATION No. 8562 of 2004
=========================================
VIMAMKUMAR
SURESHBHAI DHANAK POA OF KUMUDBEN SURESHBHAI - Petitioner(s)
Versus
GUJARAT
ELECTRICITY BOARD & 2 - Respondent(s)
=========================================
Appearance
:
MS BHAVIKA
H KOTECHA for
Petitioner(s) : 1,
None for Respondent(s) : 1,
MS LILU K BHAYA
for Respondent(s) : 2,
MS SUDHA R GANGWAR for Respondent(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 22/06/2012
ORAL
ORDER
1. Heard Ms. Bhavika Kotecha, learned advocate for the applicant.
2. The applicant of present application is not party to the proceedings of Special Civil Application No.8562 of 2004.
3. Though the applicant is not party to the proceeding, the applicant has taken out present petition, seeking below mentioned relief:
"9(B) Your Lordships may be pleased to grant the liberty to the applicant for the withdrawal of the SPECIAL CIVIL APPLICATION NO.8562 OF 2004 in the interest of justice."
4. Learned advocate for the applicant has submitted that the present applicant is purchaser of the property in question (for which the writ petition being Special Civil Application No.8562 of 2004 is taken out).
5. However, the applicant is not a party to the said Special Civil application No.8562 of 2004 and until now the applicant has not taken out any application seeking permission/order for being impleaded as party to the proceedings of Special Civil Application No.8562 of 2004.
6. Therefore, so long as the applicant is not party to the proceedings in Special Civil Application No.8562 of 2004, the applicant has no right in law to request for permission to withdraw the petition. The applicant cannot withdraw petition filed by someone else. The application is, therefor, rejected.
(K.M. Thaker, J.) Bharat* Top