(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) For the main contesting party-respondent no. 1, Mr.H.C. Buch learned advocate is appearing and rest of the respondents are supporting respondents. Considering the same, we condone the delay caused in filing the L.P.A. Rule is made absolute.
[P.B.
MAJMUDAR, J.] [PARESH UPADHYAY, J.] mandora/ IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL (STAMP NUMBER) No. 248 of 2012 In SPECIAL CIVIL APPLICATION No. 8332 of 2011 ========================================================= ANKURBHAI JAGDISHBHAI PATEL - Appellant(s) Versus SWARAJ NARBHESHANKAR PANERI & 6 - Defendant(s) ========================================================= Appearance :
MR SP HASURKAR for Appellant(s) : 1, MR HRIDAY BUCH for Defendant(s) : 1, None for Defendant(s) : 2 -
7. ========================================================= CORAM :
HONOURABLE MR.JUSTICE V. M. SAHAI and HONOURABLE MR.JUSTICE A.J. DESAI Date : 04/07/2012 ORAL ORDER (Per : HONOURABLE MR.JUSTICE V. M. SAHAI) With the consent of Mr. S.P. Hasurkar learned advocate for the appellant and Mr. H.C. Buch learned advocate for the respondent no.1, the present Letters Patent Appeal is taken up for hearing.
It is not in dispute that the present Letters Patent Appeal is filed against the order passed by the learned Single Judge, which is against the order of Civil Court in civil suit. Mr. Hasurkar learned advocate for the appellant frankly concede that the Letters Patent Appeal against the order of Civil Court, is not maintainable.
The original proceedings arise out of the injunction application given in the civil suit. The Trial Court and appellate Court refused to grant injunction, against which,m the petition under Article 227 of the Constitution was filed, which was dismissed by the learned Single Judge by the reasoned order. In view of the said facts, the present Letters Paten Appeal filed against the order passed by the learned Single Judge, is not maintainable. Even otherwise also, going through the reasonings of the learned Single Judge, we are of the view that looking to the reasonings of the learned Single Judge, when it is found that the suit filed is nothing but collusive suit, is not required to be interfered with in the Letters Patent Appeal. Hence, the present Letters Patent Appeal is dismissed.
[P.B.
MAJMUDAR, J.] [PARESH UPADHYAY, J.] mandora/ Top