IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL No 510 of 1996
in
SPECIAL CIVIL APPLICATION No 1062 of 1996
with
CIVIL APPLICATION No 11081 of 1996
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M/s.BHAVANI SAW MILL
Versus
STATE OF GUJARAT
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Appearance:
MR JR NANAVATI for Appellant No.
MR PREMAL JOSHI AGP for Respondent No. 1-2
MR SANDEEP N BHATT for Respondent No. 3-5
MR JR PANDYA for Respondent No. 4
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CORAM : MR.JUSTICE B.C.PATEL
and
MR.JUSTICE JAYANT PATEL
Date of Order: 09/01/2002
COMMON ORAL ORDER
(Per : MR.JUSTICE B.C.PATEL)
#. Against the judgment delivered by the learned Single
Judge in Special Civil Application No. 1062 of 1996 on
2nd May, 1996, dismissing the Special Civil Application,
the original petitioner has preferred this appeal.
#. Learned counsel for the appellant contended that
there is no question of suppression of material facts.
He further contended that under Section 37 of the Bombay
Land Revenue Code, 1879, an inquiry ought to have been
held. The learned Single Judge while disposing of the
petition also specifically observed that the petitioner
should move the competent Civil Court for voicing its
grievance by means of an appropriate proceedings
including filing of separate suit by seeking appropriate
amendment in the suit which may be pending at the
relevant time.
#. There are concurrent findings of fact recorded by the
authorities below. There are disputed questions of fact
and therefore, it would not be proper for this Court to
examine the same. In our opinion therefore, it would be
just and proper for the party concerned to approach the
Civil Court for appropriate remedy, if so advised. The
appeal is disposed of accordingly. Consequently, Civil
Application stands rejected.
[B.C. PATEL, J.][JAYANT PATEL, J.]
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