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District vs Shailesh

High Court Of Gujarat|10 January, 2012

JUDGMENT / ORDER

(Per : HONOURABLE MR.JUSTICE KS JHAVERI)
1. By way of these Appeals, the appellant has challenged the judgment and order dated 13.9.2005 passed by the learned Single Judge in Special Civil Application No. 5086 of 2005 by which the learned Single Judge has granted ad-interim relief.
2. This Court, while confirming the order passed in Civil Application No.886 of 2006 has observed as under on 3.2.2006.
"Rule.
Having found very strong prima facie case in favour of the appellant, we have admitted the appeal today. If the order passed by the learned Single Judge granting mandatory interim relief in favour of the respondent - original petitioner is not stayed till the final disposal of the appeal, then grave injustice will be caused. Hence, assigning any reason at this stage is likely to come in the way of the parties at the time of final hearing of the appeal. Therefore, without assigning reasons, we are of the considered opinion that the order dated 13th September, 2005 passed by the learned Single Judge granting mandatory relief in favour of the respondent - original petitioner in writ petition i.e. Special Civil Application No.5086 of 2005 is hereby stayed till final disposal of the main appeal."
3. In that view of the matter, the appointments of the respondents-original petitioner will be subject to final outcome of the respective Special Applications. However, if a request is made to the learned Single Judge, then the learned Single Judge will expedite the hearing of the Special Civil Applications. With the above observations, these Appeals are disposed of.
(V.M.SAHAI,J) (K.S.JHAVERI,J) ***vcdarji Top
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Title

District vs Shailesh

Court

High Court Of Gujarat

JudgmentDate
10 January, 2012