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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
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
This
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.
(BHAGWATI
PRASAD, J)
(BANKIM
N. MEHTA, J)
(pkn)
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