Gujarat High Court
Radhanpur Kelavani Mandal & vs Vasantlal Achharatlal Parekh Since ... on 21 January, 2014
Bench: Ks Jhaveri, A.G.Uraizee
C/LPA/105/2005 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 105 of 2005
In SPECIAL CIVIL APPLICATION NO. 7649 of 1995
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE KS JHAVERI
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
=========================================
1 Whether Reporters of Local Papers may be allowed to see the YES
judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy of the judgment ? NO
4 Whether this case involves a substantial question of law as to the NO
interpretation of the Constitution of India, 1950 or any order made
thereunder ?
5 Whether it is to be circulated to the civil judge ? NO
=========================================
RADHANPUR KELAVANI MANDAL & 1....Appellant(s)
Versus
VASANTLAL ACHHARATLAL PAREKH SINCE DECEASED HIS L/R AS 1/1 &
3....Respondent(s)
=========================================
Appearance:
MS MAMTA R VYAS, ADVOCATE for the Appellant(s) No. 1 2
GOVERNMENT PLEADER for the Respondent(s) No. 3 4
MRS NISHA M PARIKH, ADVOCATE for the Respondent(s) No. 1
MS ABHA B MAKWANA, ADVOCATE for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 1.1 , 2
=========================================
CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
Page 1 of 2
C/LPA/105/2005 JUDGMENT
Date : 21/01/2014
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE KS JHAVERI) The present appeal has been filed challenging the order dated 4 th October 2004 passed by the learned Single Judge in Special Civil Application No.7649 of 1995.
In light of the recent decision dated 26th December 2013 of the Larger Bench of this court in Letters Patent Appeal No. 596 of 2008 and cognate appeals, the present appeal is not maintainable as the appellant has not made the concerned Tribunal as a party in the writ petition.
We, however, clarify that this Court has not examined the appeal on merits and the appellant shall be at liberty to challenge the impugned order of the learned Single Judge before the appropriate forum and the delay occurred in challenging the impugned order of the learned Judge before the Appellate Authority would not come in the way of the appellant.
With these observations, the present appeal is disposed of. Interim relief, if any, stands extended for a period of 12 weeks from today.
Sd/ (K.S.JHAVERI, J.) Sd/ (A.G.URAIZEE, J.) *mohd Page 2 of 2