We have heard Mr. P.J. Mehta, learned counsel appearing for the appellant and Mr. R.D. Dave, learned counsel appearing for the respondent. 2. Learned counsel for the respondent raised a preliminary objection that this Letters Patent Appeal under Clause 15 of the Letters Patent challenging the order dated 8.9.2011 passed by the learned Single Judge in Misc. Civil Application No.1856 of 2010 which was filed for recalling of the order dated 12.5.2010 passed in Civil Application No.246 of 2010 for condonation of delay and restoration of Appeal From Order is not maintainable.
3. We are of the opinion that in view of the Division Bench of this Court in Gustadji Dhanjisha Bahariwala and another v. Nevil Bamansha Bahariwala and others, 2011 (2) GLH 147, the Letters Patent Appeal challenging the order passed by the learned Single Judge in Appeal From Order is not maintainable and accordingly, this Letters Patent Appeal is dismissed as not maintainable with liberty to the appellant to seek his remedy in appropriate legal forum.
4. In view of disposal of appeal, Civil Application also stands dismissed.
Sd/-
[V. M. SAHAI, J.] Sd/-
[A. J. DESAI, J.] Savariya