(Per : HONOURABLE MR.JUSTICE G.B.SHAH) 1. Being aggrieved by and dissatisfied with the order dated 23.2.2012 passed by the learned Single Judge in Misc. Civil Application No.362 of 2012 and also for setting aside the judgment and order dated 25.11.2010 passed in Misc. Civil Application No.3074 of 2010, the present Letters Patent Appeal has been filed by the present appellant/original petitioner.
2. Learned counsel for the appellant has drawn our attention to the cause list dated 25.11.2010 and submitted that in fact Misc. Civil Application No. 3074 of 2010 in Special Civil Application No.9218 of 1998 was listed for removal of office objections and as mentioned in the order dated 25.11.2010, as the learned counsel for the appellant has remained absent, though called out twice, the said matter has been rejected by passing separate orders. Learned counsel for the appellant/original petitioner has then drawn our attention to the order dated 25.11.2010 passed in Mis.Civil Application No. 3074 of 2010 and vehemently submitted that though it has been mentioned that even otherwise on merits no case is made out for condoning the delay in preferring Special Civil Application No. 9218 of 1998, the same has been rejected at the stage of removal of office objections without giving sufficient time and without entering into the merits of the said Application and as such the said stage was not the right stage for rejecting the matter. Under the circumstances, prima facie, there appears substance in the submissions made by the learned counsel for the appellant/petitioner and for proper adjudication of the dispute involved in the present case, the present Letters Patent Appeal referred above is allowed. The order dated 23.2.2012 passed in Misc. Civil Application No.362 of 2012 is quashed and set aside. Misc.Civil Application No. 3074 of 2010 in Special Civil Application No. 9218 of 1998 is restored to file.
[D. H. WAGHELA, J.] [G. B. SHAH, J.] msp