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LPA/2712/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2712 of 2010
In
CIVIL
APPLICATION No. 10622 of 2010
In
SPECIAL
CIVIL APPLICATION No. 11837 of 2009
=========================================
CHIEF
OFFICER & 1 - Appellant(s)
Versus
ARVINDBHAI
KAANJIBHAI CHAUHAN - Respondent(s)
=========================================
Appearance :
MR
MURALI N DEVNANI for
Appellant(s) : 1,
None for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 01/12/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
After
arguing at some length and after taking instructions from the
appellant, the appeal was not pressed and sought to be withdrawn. It
was repeatedly stated that in fact the impugned order was already
implemented. Thus, the litigation
appears to have been carried on only for the sake of it or with some
ulterior motive. That causes unnecessary waste of public time of the
Court over which litigants suffering genuine injustice have a
superior right. At the end of the argument, learned counsel
has apologized for the inconvenience. However, since the appellant
herein is an institution of local self government who spends public
money on such vexatious and frivolous litigation serving
no public purpose, such practice is deprecated and letters
patent appeal is dismissed as not pressed with costs quantified at
Rs. 500/- which shall be deposited by the appellant with the Gujarat
State Legal Services Authority, Ahmedabad, within a period of fifteen
days.
[D.H.WAGHELA,
J.]
[J.C.UPADHYAYA,
J.]
JYOTI
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