Gujarat High Court Case Information System Print LPA/313/2002 2/ 2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 313 of 2002 In SPECIAL CIVIL APPLICATION No. 3661 of 1986 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE BANKIM.N.MEHTA ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= BARODA MUNICIPAL CORP. - Appellant(s) Versus MOHMEDASIM ABDULSAMAD BINHAMID & 4 - Respondent(s) ========================================================= Appearance : MR PRANAV G DESAI for the Appellant MR JT TRIVEDI for Respondent(s) : 1, RULE SERVED for Respondent(s) : 2 - 4. SERVED BY AFFIX.-(R) for Respondent(s) : 5, ========================================================= CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE BANKIM.N.MEHTA Date : 29th/01/2010 CAV JUDGMENT
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
appeal is filed by the appellant against the judgement and order of
learned Single Judge dated 19.1.2001 in Special Civil Application No.
3661 of 1986. The facts obtaining in the present case are identical
to that of Letters Patent Appeal No. 639 of 2002 and Letters Patent
Appeal No. 86 of 2003 which we have decided today by our separate
C.A.V. Judgement. The said judgement will govern the present case as
well. In that view of the matter, the judgement and order of learned
Single Judge dated 19.1.2001 is not liable to be sustained. The same
is, therefore, quashed and set aside. The appeal is allowed. The
Special Civil Application is dismissed.
N. MEHTA, J)