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LPA/141/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 141 of 2011
In
SPECIAL CIVIL APPLICATION No. 16626 of 2010
To
LETTERS
PATENT APPEAL No. 162 of 2011
In
SPECIAL CIVIL APPLICATION No. 16647 of 2010
=========================================
SATISHKUMAR
HARBANSLAL ANEJA THROUGH POA HARBANSLAL MEHATB - Appellant(s)
Versus
SURATSING
TEJASING - THE HEIR OF TEJASING KISHANSING & 2 - Respondent(s)
=========================================
Appearance
:
MR
NALIN K THAKKER for Appellant(s) : 1,
NOTICE SERVED BY DS for
Respondent(s) : 1,
MRS. MANISHA LAVKUMAR, ASSTT.GOVERNMENT PLEADER
for Respondent(s) : 2 - 3.
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 04/04/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
appellant(s) preferred their respective writ petitions against order
passed by the Deputy Collector, Nakhatrana, in their respective
appeal Nos.69/10, 71/10 to 91/10. Challenge was made on the ground
that he had no jurisdiction to pass order in the appeal filed by
respondent No.1 after 23 years, as the same is not maintainable. The
appellant also raised question of jurisdiction of the authority to
admit the appeal.
The case was taken up by the learned Single Judge, who by impugned
order dated 28.12.2010 dismissed writ petition Nos. 16626 of 2010 to
16647 of 2010, by passing an order as quoted hereunder:-
“Heard
learned Advocate Mr. Nalin K. Thakker for the petitioner.
On
perusal of the order under challenge, the Court finds no substance in
the matter. Hence, it is dismissed.”
Having heard learned counsel for the parties and taking into
consideration the facts, impugned common order dated 28.12.2010 being
a non-speaking order, we set aside the same and remit all the above
writ petitions for hearing and disposal on merit.
Post
SCA Nos. 16626 of 2010 to 16647 of 2010 before the appropriate Court
on 25th April, 2011 for decision on merit. The
appellant(s) may raise question of interim relief before the learned
Single Judge.
(S.J.
Mukhopadhaya, C.J.)
(J.B.
Pardiwala, J.)
*/Mohandas
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