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Gujarat High Court

Sunni Muslim Wakf Committee vs Abdulgani Ishabhai Kachhot on 16 January, 2014

Author: Ks Jhaveri

Bench: Ks Jhaveri, A.G.Uraizee

           C/LPA/880/2011                                            ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                LETTERS PATENT APPEAL NO. 880 of 2011

             In SPECIAL CIVIL APPLICATION NO. 4389 of 2008

                                        With
                     CIVIL APPLICATION NO. 6162 of 2011
                                         In
                LETTERS PATENT APPEAL NO. 880 of 2011
================================================================
              SUNNI MUSLIM WAKF COMMITTEE....Appellant(s)
                               Versus
              ABDULGANI ISHABHAI KACHHOT....Respondent(s)
================================================================
Appearance:
MR SHAKEEL A QURESHI, ADVOCATE for the Appellant(s) No. 1
MR HARSHAL M SHAH, ADVOCATE for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 1
================================================================

          CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
                 and
                 HONOURABLE MR.JUSTICE A.G.URAIZEE

                                 Date : 16/01/2014


                                   ORAL ORDER

(PER : HONOURABLE MR.JUSTICE KS JHAVERI)

1. This Letters Patent Appeal has been filed against the order passed by the learned Single Judge in Special Civil Application No.4389/2008 dated 17.03.2011.

2. Heard. In light of a recent decision rendered by the Larger Bench of this Court in L.P.A. No.596/2008 and allied matters dated 26.12.2013, the present appeal is not maintainable since the appellant had not made the Tribunal concerned a party-respondent in the captioned petition.

3. In view of the above and without entering into the merits of the case, the appeal is not entertained and is disposed of. We clarify that the appellant shall be at liberty to challenge the impugned order before the appropriate forum and that delay occurred in challenging the impugned order would not come in the way of the appellant in such proceedings. Interim relief granted earlier shall continue for a further period of twelve weeks from today. The civil application also stands disposed of.

(K.S.JHAVERI, J.) (A.G.URAIZEE,J) Pravin Page 2 of 2