(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. It is reported that the controversy raised in the present O.J. Appeal is also raised in another O.J. Appeal No. 25/2005, which is listed before another Bench. The learned advocates appearing on behalf of the respective parties, inclusive of the learned advocate appearing on behalf of the appellant in O.J. Appeal No. 25/2005, have stated that the present O.J. Appeal as well as O.J. Appeal No. 25/2005 are required to be heard together. It is submitted that the earlier Bench has also observed in the order dated 18/09/2012 that the present matter is involving similar question as involved in O.J. Appeal No. 25/2005.
O/OJA/88/2009 ORDER
2. Under the circumstances, it appears to the Court that both the Appeals i.e. O.J. Appeal Nos. 25/2005 and 88/2009 are required to be heard by one Bench so as to avoid any conflicting decisions. Under the circumstances, stand over to 10/12/2012.
3. In the meantime, Registry is directed to obtain appropriate order from Hon'ble the Chief Justice for placing both the appeals before one Bench so as to avoid any conflicting decisions as the controversy involved is similar.
(M.R.SHAH, J.) (S.H.VORA, J.) Siji Page 2 of 2