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LPA/2682/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2682 of 2010
In
SPECIAL
CIVIL APPLICATION No. 9668 of 2010
=========================================================
RAMBHIBEN
ARJANBHAI ODEDARA - Appellant(s)
Versus
VASHRAMBHAI
DEVSHIBHAI CHAUHAN & 1 - Respondent(s)
=========================================================
Appearance :
MR
KANDRAP H DHOLKIA for Appellant(s) : 1,MR TUSHAR L SHETH for
Appellant(s) : 1,
None for Respondent(s) : 1,
NOTICE NOT RECD
BACK for Respondent(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5
DS
AFF.NOT FILED (N) for Respondent(s) : 1.2.1, 1.2.2, 1.2.3,
1.2.4,1.2.5 - 2.
NOTICE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 14/11/2011
ORAL
ORDER
(Per
: HONOURABLE THE ACTING CHIEF JUSTICE
MR.BHASKAR
BHATTACHARYA)
This
appeal has been preferred against the order dated 20th
August 2010 passed by a learned Single Judge in Special Civil
Application No. 9668 of 2010 by which His Lordship has disposed of
the writ petition under Article 227 of the Constitution filed by the
original plaintiff in a suit against the order passed by the learned
Additional District Judge, Jam Khambhalia in Civil Misc. Appeal No.
52 of 2006 arising out of such suit.
A
Letters Patent Appeal is not maintainable against the order passed by
the learned Single Judge in exercise of the powers conferred under
Article 227 of the Constitution of India, in view of the decision of
this Court in the case of GUSTADJI D. BUHARIWALA vs. NEVIL B.
BUHARIWALA reported in 2011 (2) GLH 147.
We,
therefore, dismiss the appeal on that ground alone, without entering
into the merits of the matter. Notice is discharged. No order as to
costs.
[BHASKAR
BHATTACHARYA, ACTING C.J.]
[J.B.PARDIWALA
J.]
mathew
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