State Of Gujarat Through Spl. Land ... vs Ramanlal Keshavlal Patel on 14 March, 2015

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Gujarat High Court

State Of Gujarat Through Spl. Land ... vs Ramanlal Keshavlal Patel on 14 March, 2015

Bench: M.R. Shah

             C/FA/2529/2009                                               ORDER



              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                FIRST APPEAL  NO. 2529 of 2009
=========================================
  STATE OF GUJARAT THROUGH SPL. LAND ACQUISITION OFFICER  & 
                        1....Appellant(s)
                              Versus
            RAMANLAL KESHAVLAL PATEL....Defendant(s)
=============================================
Appearance:
MS. MEGHA CHITALIYA ASSTGOVERNMENT PLEADER for the Appellant(s) 
No. 1  2
MR KM SHETH, ADVOCATE for the Defendant(s) No. 1
=============================================
            CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
                          Date : 14/03/2015
                            ORAL ORDER

1. The present First Appeal has been preferred by the appellants State of Gujarat and Anr challenging the impugned common judgment and award passed by the learned Reference Court learned 9 th Additional Senior Civil Judge, Mehsana in LAR No.4263 of 2003 dated 31.12.2007.

2. Today when the present First Appeal is taken up for further hearing in Lok Adalat, Ms. Megha Chitaliya learned AGP has placed on record the purshis in the First Appeal permitting to withdraw the present First Appeal as the claim involved is less than Rs.2 lakhs. However, has requested that the aforesaid shall be without prejudice to the rights and contentions of the appellantsState of Gujarat in other cognate Appeals and / or in any other cases and the same shall not be cited as a precedent.

3. Learned advocate appearing on behalf of the original claimant has stated that he has no objection permitting the appellants to withdraw the First Appeal with the above observations.

Page 1 of 2 C/FA/2529/2009 ORDER

4. In view of the above, the present First Appeal is dismissed as withdrawn in view of the purshis submitted by the appellants. However, it is clarified and observed that withdrawal of the present First Appeal shall not come in the way of the appellants in any other Appeals and / or any other proceedings and the same shall be without prejudice to the rights and contentions of the respective parties in other proceedings and withdrawal of the First Appeal may not be cited as a precedent.

5. With this, the present First Appeal is dismissed as withdrawn.

(M.R.SHAH, J.) Chairperson Kaushik Page 2 of 2

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