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LPA/77120/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 771 of 2008
In
SPECIAL CIVIL
APPLICATION No. 9700 of 2008
With
CIVIL APPLICATION
No. 8982 of 2008
In
LETTERS
PATENT APPEAL No. 771 of 2008
=================================================
KUMUDCHANDRA
VELCHAND SHAH - Appellant(s)
Versus
BAI
SAMARATH JAIN SWETAMBER MURTIPUJAK GYNO UDDHARAK TRUST & 6 -
Respondent(s)
=================================================
Appearance :
MR
HARIN P RAVAL for Appellant(s) : 1,
None for Respondent(s) : 1 -
7.
=================================================
CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE MR. M.S.SHAH
and
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 01/08/2008
ORAL
ORDER
(Per
: HONOURABLE THE ACTING CHIEF JUSTICE MR. M.S.SHAH)
Without
going into the question whether this Letters Patent Appeal is
maintainable, otherwise also, the Appeal deserves to be dismissed, as
the contentions sought to be raised in this Appeal were already
raised earlier in Civil Revision Application No.1139 of 1986, which
came to be dismissed by a learned Single Judge by judgment dated
17.10.2002.
At
this stage, Mr. Harin P. Raval, learned counsel for the appellant,
submits that the appellant may be given sometime to vacate the
suit-premises.
Since
this Appeal is filed only by original defendant no.1 and the decree
of eviction was passed inter alia on the ground that the
suit-premises were sub-let by the appellant’s father to defendant
nos. 2 and 3 (present respondent nos. 6 and 7), it would be for the
concerned parties, who are in possession of the suit premises, to
move the executing court with such a request.
The
Letters Patent Appeal, therefore, deserves to be dismissed and is
hereby dismissed.
(M.S.
SHAH, Actg. C.J.)
(D.H. WAGHELA, J.)
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