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LPA/1397/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1397 of 2010
In
SPECIAL
CIVIL APPLICATION No. 6572 of 2010
=================================================
KANTILAL
AMBALAL PATEL - Appellant(s)
Versus
AMARSINH
HARISHCHANDRASINHJI JADEJA & 3 - Respondent(s)
=================================================
Appearance :
MR
SP MAJMUDAR for Appellant(s) : 1, MR PP MAJMUDAR for
Appellant(s) : 1,
None for Respondent(s) : 1,
MS PARUL P
VASAVADA for Respondent(s) : 1.2.1, 1.2.2, 1.2.6,1.2.7
UNSERVED-REFUSED (N) for Respondent(s) : 1.2.3, 1.2.4,1.2.5 -
4.
MS MANISHA LAVKUMAR, AGP for Respondent(s) :
4,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 18/02/2011
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
appellant – petitioner has challenged the order dated 16.6.2010
passed by the learned Single Judge, which reads as follows :-
“Despite
his strenuous efforts, the learned Advocate for the petitioner is not
able to convince this Court that the matter requires interference at
the hands of this Court. The petition fails and the same is
dismissed.”
Notices were
issued on the respondents. Respondent Nos. 1/1, 1/2, 1/6 and 1/7
have appeared. Respondent Nos. 1/3, 1/5, 2 and 3 have refused. Ms
Manisha Lavkumar, learned AGP appears on behalf of respondent No. 4.
In the present
case, as we find that the impugned order is a non-speaking order, we
set aside the same and remit Special Civil Application No. 6572 of
2010 to the learned Single Judge for its decision on merits. This
Letters Patent Appeal stands disposed of.
Special Civil
Application NO. 6572 of 2010 be listed before the appropriate Bench
on 28th February, 2011.
[S. J.
MUKHOPADHAYA, CJ.]
[J.
B. PARDIWALA, J.]
sundar/-
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