(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI) 1. We have heard Mr.Bhaskar Tanna, learned senior counsel assisted by Mr.Dipak R.Dave, learned counsel for the appellants, Mr.Mukesh H.Rathod, learned counsel appearing for respondent No.1 and Mr.Rakesh R.Patel, learned A.G.P. appearing for respondents No.2 and 3. Respondent No.4 is proforma respondent.
2. Counsel appearing for respondents No.1 to 3 have waived service of notice. Counsel for the parties have further agreed that instead of admitting this appeal, this appeal can be disposed of straightway today itself, as no disputed question of facts are involved and the appeal has been filed challenging the vacation of interim order passed by the learned Single Judge. With the consent of learned counsel for the parties, we have taken up this appeal for final disposal itself.
3. This Letters Patent Appeal has been filed challenging the order dated 22.8.2012 passed in Civil Application No.7541 of 2012 in Special Civil Application No.2652 of 2012. The order dated 12.4.2012 passed in Special Civil Application No.2652 of 2012 has been vacated by the learned Single Judge by impugned order dated 22.8.2012.
4. The learned counsel for the appellants has urged that the learned Single Judge has passed the interim order on 12.4.2012, which almost amounted granting final relief at the admission stage. It is urged that the statement made by learned Single Judge in paragraph 3 of the order dated 22.8.2012 to the effect that interim relief was granted on certain conditions, in view of the understanding arrived between the respective parties, is not correct. The appellants never agreed for many of the conditions. While the writ petition has been admitted by learned Single Judge on 12.4.2012, the hearing has also been expedited. Learned counsel for the parties agreed that the interest of justice would be served if the learned Single Judge is requested to decide the writ petition itself finally and order dated 22.8.2012 be set-aside.
5. With the consent of learned counsel for the parties, the present Letters Patent Appeal is allowed by setting-aside the order dated 22.8.2012 and remand the matter back to the learned Single Judge with the request to decide the writ petition itself on merits after hearing learned counsel for the parties, expeditiously, subject to His Lordship’s convenience.
6. Accordingly, the civil application also stands disposed of.
(V.M.SAHAI, J.) (binoy) (S.G.SHAH, J.)