Gujarat High Court
Shree Takhteshwar Plot Sanskar Mandal & ... vs Bhavnagar Municipal Corporation & 5 on 9 April, 2014
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi, R.D.Kothari
C/LPA/958/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 958 of 2013
In
SPECIAL CIVIL APPLICATION NO. 11013 of 2013
With
CIVIL APPLICATION NO. 8249 of 2013
In
LETTERS PATENT APPEAL NO. 958 of 2013
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SHREE TAKHTESHWAR PLOT SANSKAR MANDAL & 7....Appellant(s)
Versus
BHAVNAGAR MUNICIPAL CORPORATION & 5....Respondent(s)
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Appearance:
MR.AMIT M. PANCHAL WITH MR HARSHIT S TOLIA, ADVOCATE for the
appellants.
MR PARTH S TOLIA, ADVOCATE for the Appellant(s) No. 1 - 8
MR.RASHESH RINDANI, ASSISTANT GOVERNMENT PLEADER for
Respondent(s) No. 5
MR NIRZAR S DESAI, ADVOCATE for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2 - 6
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CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 09/04/2014
ORAL ORDER (PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Pursuant to order dated 25.03.2014, Mr.Sandeep J. Mehta, who affirmed the petition is present before the Court.
2. After the matter is heard at length learned advocate Mr.Amit Page 1 of 3 C/LPA/958/2013 ORDER M. Panchal appearing with Mr.Harshit S. Tolia for the appellants seeks permission to withdraw this LPA with a view to pursue other remedies available to the appellants - original petitioners under subsection (2) of section 80 of Gujarat Provincial Municipal Corporations Act, 1949, which may include the actions against the respondent- Corporation, if so advised.
3. With reluctance the Court grants permission. The LPA is disposed of as withdrawn. Notice is discharged.
In the event the appellants - original petitioners approach civil court the civil court will decide the suit in accordance with law without being influenced by the fact that the Special Civil Application has failed and the LPA is withdrawn.
4. As the main appeal is disposed of as withdrawn the Civil Application does not survive. The same is disposed of as withdrawn. Notice is discharged. Status quo granted earlier is vacated.
(RAVI R.TRIPATHI, J.) Page 2 of 3 C/LPA/958/2013 ORDER (R.D.KOTHARI, J.) karim Page 3 of 3