(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The application is for review of the judgment and order passed by this Court in original first appeal whereby the appeal of the State Government came to be dismissed.
It appears that similar aspects came to be considered by this Court in MCA for Review No.79 of 2012 with allied matters vide order dated 26th April, 2012. In the said order, it was recorded at paragraphs Nos. 2 to 5 as under:
"2. The contention of the applicants herein appears to be that the statutory interest at the rate of 15% for the subsequent period after the expiry of the period of 1 year was not awarded by the Reference Court and the said aspect was not considered by this Court in the judgement and therefore, the applications have been made for review of the judgment.
3. It is an admitted position that the applicants herein did not file any separate appeal so far as the grievance raised in the present applications nor any cross objections were filed. If the applicants were aggrieved by any part of the judgment and award of the Reference Court, whereby the interest was not ordered as per section 28, viz., 15% after the expiry of the period of 1 year from the date of taking over of the possession, it was for the applicants to prefer an appeal. In any case, in the appeals of the State Government, which came to be dismissed by this Court, such prayer could not be entertained.
4. At this stage, Mr.Pandya with Mr.Raval, learned counsel for the applicants upon their instruction, seek permission to withdraw the applications with a view to file substantive appeal for the appropriate relief or any other proceedings as may be permissible in law.
5. Without expressing any opinion on merit of such proceeding, permission granted, the applications are disposed of accordingly".
Similar view deserves to be taken in the present matter and learned counsel Mr.Raval, makes a similar request for permission to withdraw the application. Without expressing any opinion on merits of such proceedings, permission is granted.
The application is disposed of as withdrawn with a view to file substantive appeal for appropriate relief or any other proceedings as may be permissible under the law.
Application shall stand disposed of accordingly.
(JAYANT PATEL, J.) (J.C.
UPADHYAYA, J.) * Pansala.
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