(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. This Letters Patent Appeal has been filed challenging the order of learned Single Judge dated 29.3.2011 passed in Special Civil Application No.16040 of 2010.
2. A writ petition was filed challenging the orders by which application of stay was rejected which resulted in vacating the order which was earlier passed in favour of the appellant. Against such an order, Letters Patent Appeal is not maintainable as the writ petition was filed under Article 227 of the Constitution of India. It has been held by the Division Bench in the case of Gustadji Dhanjisha Buhariwala and another Vs. Nevil Bamansha Buhariwala and others reported in 2011(2) GLH 147 that, against such an order, Letters Patent Appeal is not maintainable.
3. In view of the decision of Gustadji (supra), this Letters Patent Appeal is not maintainable. The appeal is, therefore, dismissed. The appellant is at liberty to seek his remedy in appropriate forum.
4. Consequent upon dismissal of appeal, Civil Application No.5798 of 2011 does not survive and accordingly stands dismissed with no order as to costs.
(V.M.
SAHAI, J.) (A.J.DESAI, J.) syed/ Top