Gujarat High Court
Sohamnagar Co-Operative Housing ... vs Babubhai Naranbhai Patel & on 15 July, 2013
Author: G.R.Udhwani
Bench: G.R.Udhwani
SOHAMNAGAR CO-OPERATIVE HOUSING SOCIETY LIMITED....Applicant(s)V/SBABUBHAI NARANBHAI PATEL C/CA/5187/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR JOINING PARTY) NO. 5187 of 2013 In CIVIL REVISION APPLICATION NO. 41 of 2003 ================================================================ SOHAMNAGAR CO-OPERATIVE HOUSING SOCIETY LIMITED....Applicant(s) Versus BABUBHAI NARANBHAI PATEL & 3....Respondent(s) ================================================================ Appearance: MR PM BHATT, ADVOCATE for the Applicant(s) No. 1 MR RM PARMAR, ADVOCATE for the Applicant(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI Date : 15/07/2013 ORAL ORDER
Office Objection dispensed with except as regards Court fee.
1. Heard learned counsel for the parties. It is brought to the notice of this Court that the applicant was initially joined as a party in Special Civil Application No. 1012 of 2001, on the premise that during the pendency of the Civil Suit, where from the present proceeding i.e. Civil Revision Application No. 41 of 2003 arises, the allotment of the same piece of land was made to the applicant. However, during the course of hearing of Civil Application No. 6179, it was made clear that the land allotted to the present applicant is different than the land for which the present Civil Revision Application is filed. Learned counsel for the respondent-petitioner in Civil Revision Application submits that, in view of the above clarification, the applicant has no right title and interest in the land in question.
2. Considering the above facts and circumstances of the case, this Civil Application for joining as a party is not required to be entertained. However, liberty is reserved to the applicant to pursue his remedy in separate proceedings, if he is advised that the lands involved in this petition are same and are allotted to it.
3. In view of the above, learned counsel for the applicant seeks permission to withdraw this application. Permission as sought for is granted. Application stands disposed of as withdrawn.
(G.R.UDHWANI, J.) bina Page 2 of 2