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LPA/609/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 609 of 2010
In
SPECIAL
CIVIL APPLICATION No. 2854 of 2010
=========================================
DESAI
AMRUTBHAI PRABHATBHAI
PRESIDENT
OF MANKNAJ VIVIDH & ORS. - Appellant(s)
Versus
RAMANBHAI
UJAMBHAI PATEL & 4 - Respondent(s)
=========================================
Appearance :
MR
UMANG H OZA for Appellant(s) : 1 - 10.
None for Respondent(s) : 1
- 2,4 - 5.
MR P.K. JANI, GOVERNMENT PLEADER for Respondent(s) :
3,
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 08/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR. JUSTICE AKIL KURESHI)
Appellants
are the original respondents Nos. 4 to13. They have challenged a
judgment and order dated 29th March, 2010 passed by the
learned Single Judge in Special Civil Application No. 2854 of 2010.
We
have heard learned counsel for the appellants and learned Government
Pleader Mr. P.K. Jani for respondent No.3. We are of the view that
the learned Single Judge has not passed any order which adversely
affects the appellants. The original petitioners’ request for early
hearing of the appeal pending before the authorities alone was
accepted. We do not see how the appellants can be aggrieved by such
a direction. We notice that the petitioners have not challenged the
orders by which the Government authorities refused to join them in
the pending litigation. The observations of the learned Single Judge
that the Appellate Authority may decide the appeal in accordance
with law, after giving the parties an opportunity of hearing must
be understood in this context. We do not find that the learned
Single Judge meant to give hearing anyone who are not parties in the
appeal.
In view of the above clarification, learned counsel for the
appellants seeks permission to withdraw this appeal. Permission
granted. Appeal stands dismissed as withdrawn. No order on the
Civil Application.
(S.J.Mukhopadhaya,
C.J.)
(Akil
Kureshi, J.)
*/Mohandas
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