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LPA/251/2011 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 251 of 2011
In
SPECIAL
CIVIL APPLICATION No. 16419 of 2010
=================================================
RATANSINH
KANJI SHAH - Appellant(s)
Versus
RANUBHA
BHOJRAJJI SODHA & 7 - Respondent(s)
=================================================
Appearance :
MR
AR THACKER for Appellant(s) : 1,
None for Respondent(s) : 1,3 -
8.
MRS. KRINA CALLA AGP for Respondent(s) :
2,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 18/02/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
From
the facts quoted in the case, it will be evident that the writ
petition was preferred against an order passed in a Suit followed by
application under Order I, Rule 10 of the Civil Procedure Code for
being impleaded as party-respondent. The learned Single Judge could
have entertained such application only under Article 227 of the
Constitution and for the said reason the present appeal under clause
15 is not maintainable.
However,
if the land is a gauchar land for the Gram Panchayat, this order or
the order passed by the learned Single Judge with regard to
impleading the appellant as party-respondent shall not stand in the
way of the appellant to pursue any other remedy like writ petition.
The Appeal stands disposed of.
(S.J.
MUKHOPADHAYA, C.J.)
(J.B.
PARDIWALA, J.)
[sn
devu] pps
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