(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1 We have heard learned Senior Counsel Mr. S.I. Nanavati assisted by Ms. Krishna Dasani for the appellant.
2 The learned Single Judge has dismissed the writ petition on the ground that while admitting the petition no interim relief was granted and, therefore, the petition cannot be allowed at this stage and the petitioner can seek relief in the suit.
3 It is not disputed by the learned Counsel appearing for the appellant that the dispute is between two private parties and therefore, it is the settled principle of law that no mandamus can be issued between the private parties. Further, the appeal which is filed under Clause-15 of the Letters Patent challenging the order dated 23.2.2011 passed by the learned Single Judge in Special Civil Application No.22605 of 2005, is not maintainable in view of the fact that the writ petition was filed by the appellants/petitioners under Article 226 of the Constitution and this principle is settled by the Division Bench of this Court in the case of Gustadji Dhanjisha Buhariwala and Anr. vs. Nevil Bamansha Buhariwala & Ors., as reported at 2011 (2) GLH 147.
For the aforesaid reasons, this appeal is devoid of any merit and deserves to be dismissed. Hence, the appeal stands dismissed accordingly.
5 In view of the aforesaid, Civil Application No. 5097 of 2011 also stands dismissed.
(V.M. SAHAI, J.) (A.J. DESAI, J.) pnnair Top