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IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION - FOR
CONDONATION OF DELAY No. 383 of 2011
In
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1655 of 2010
In
SPECIAL CIVIL APPLICATION No. 9071 of 2002
With
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1655 of 2010
In
SPECIAL CIVIL APPLICATION No. 9071 of 2002
With
CIVIL
APPLICATION (STAMP NUMBER) No. 10008 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1655 of 2010
With
CIVIL
APPLICATION No. 384 of 2011
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1656 of 2010
With
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1656 of 2010
In
SPECIAL CIVIL APPLICATION No. 9994 of 2002
With
CIVIL
APPLICATION (STAMP NUMBER) No. 10010 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1656 of 2010
With
CIVIL
APPLICATION No. 388 of 2011
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1660 of 2010
To
CIVIL
APPLICATION No. 391 of 2011
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1663 of 2010
With
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1660 of 2010
In
SPECIAL CIVIL APPLICATION No. 9996 of 2002
To
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1663 of 2010
In
SPECIAL CIVIL APPLICATION No. 9999 of 2002
With
CIVIL
APPLICATION (STAMP NUMBER) No. 10018 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1660 of 2010
With
CIVIL
APPLICATION (STAMP NUMBER) No. 10020 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1661 of 2010
With
CIVIL
APPLICATION (STAMP NUMBER) No. 10022 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1662 of 2010
With
CIVIL
APPLICATION (STAMP NUMBER) No. 10024 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1663 of 2010
With
CIVIL
APPLICATION No. 393 of 2011
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1665 of 2010
To
CIVIL
APPLICATION No. 401 of 2011
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1671 of 2010
With
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1665 of 2010
In
SPECIAL CIVIL APPLICATION No. 10139 of 2002
With
CIVIL
APPLICATION (STAMP NUMBER) No. 10026 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1665 of 2010
With
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1657 of 2010
In
SPECIAL CIVIL APPLICATION No. 9998 of 2002
To
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1659 of 2010
In
SPECIAL CIVIL APPLICATION No. 10138 of 2002
With
CIVIL
APPLICATION (STAMP NUMBER) No. 10012 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1657 of 2010
With
CIVIL
APPLICATION (STAMP NUMBER) No. 10016 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1658 of 2010
With
CIVIL
APPLICATION (STAMP NUMBER) No. 10014 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1659 of 2010
With
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1670 of 2010
In
SPECIAL CIVIL APPLICATION No. 9997 of 2002
With
CIVIL
APPLICATION (STAMP NUMBER) No. 10035 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1670 of 2010
With
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1667 of 2010
In
SPECIAL CIVIL APPLICATION No. 10136 of 2002
To
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1669 of 2010
In
SPECIAL CIVIL APPLICATION No. 9992 of 2002
With
CIVIL
APPLICATION (STAMP NUMBER) No. 10029 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1667 of 2010
With
CIVIL
APPLICATION (STAMP NUMBER) No. 10031 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1668 of 2010
With
CIVIL
APPLICATION (STAMP NUMBER) No. 10033 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1669 of 2010
With
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1671 of 2010
In
SPECIAL CIVIL APPLICATION No. 10140 of 2002
With
CIVIL
APPLICATION (STAMP NUMBER) No. 10055 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 1671 of 2010
=========================================================
VICE
CHANCELLOR GUJARAT AYURVED UNIVERSITY & 1 – Petitioner(s)
Versus
DINKARBHAI
MANISHANKAR JOSHI & 3 – Respondent(s)
Appearance
:
MR RC KAKKAD
for petitioners : 1 – 2
MR NJ SHAH,
AGP in CA Nos. 383, 384, 388, 389 and 390 of 2011 and connected LPS
ST. and CA ST Nos., and MR NIRAG PATHAK, AGP in CA Nos. 391, 393 to
401 of 2011 and connected LPS ST. and CA ST Nos. for Respondent(s) :
1 – 4.
===============================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE
J.C.UPADHYAYA
Date :
17/01/2011
ORAL
COMMON ORDER :
(Per :
HONOURABLE MR.JUSTICE JAYANT PATEL)
1. All the
applications are for condonation of delay of 84 days in preferring
Letters Patent Appeals against the common judgment and the order
dated 7/4/2010 passed by the Ld. Single Judge of this Court in the
concerned Special Civil Application. When the applications are taken
up for hearing, Ld. Counsel Mr. R.C. Kakkad for the applicant
University has placed on record the letter dated 15/1/2011 received
by him from concerned AGP Mr. K.L. Pandya, who has to appear in the
contempt proceedings, which is also pending before the Contempt Bench
of this Court. The said letter is addressed by the Director, Indian
System of Medicine and Homeopathy, Gujarat State, Gandhinagar to the
Government Pleader’s office, High Court, stating that against the
decision of the Ld. Single Judge of this Court, which is also
impugned in the present group of Letters Patent Appeals, the Health
and Family Welfare Department had recommended for preferring Letters
Patent Appeals. However, the Legal Department of the State Government
has not accepted the proposal and it is decided to accept the
decision of the Ld. Single Judge. In the said correspondence, it has
been further stated that the payment, as admissible to Shri D.M.
Joshi, who was also one of the petitioners in the said group, in
further acceptance of the judgment of the Ld. Single Judge of this
Court, has been disbursed.
2. In above view of
the matter, we find that when the State Government has accepted the
decision of the Ld. Single Judge of this Court, no cause would
survive to the appellant – University to pursue the Letters
Patent Appeals further. If the Letters Patent Appeals are also not
to be pursued further, the question of condonation of delay would
automatically not survive.
3. Hence, all the
applications for condonation of delay as well as the concerned
Letters Patent Appeal [Stamp] Nos., are disposed of as would not
survive in view of the aforesaid development.
4. In view of the
aforesaid disposal of the main Letters Patent Appeals, the interim
Civil Application [Stamp] Nos., in the respective Letters Patent
Appeal would also not survive and shall stand disposed of
accordingly.
[
JAYANT PATEL, J. ]
[
J.C. UPADHYAYA, J.]
* Pansala.
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