(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr.N.J.Shah, learned Assistant Government Pleader appearing for the appellants and Mr.Mihir Joshi, learned senior counsel assisted by Ms.Roma Fidelis, appearing for the respondent.
2. It appears that the respondent filed an amendment application No.15910 of 2010 in Special Civil Application No.891 of 2006. The amendment application was allowed on 30.12.2010 by the learned Single Judge which is clear from para-4 of the order. This amendment was required to be incorporated in the Special Civil Application and interim order could only be passed in Special Civil Application, but it could not be passed in the amendment application itself. The learned Single Judge, in our opinion, has committed an error in passing interim order in Civil Application for amendment No.15910 of 2010. Therefore, the interim order granted by the learned Single Judge cannot be maintained.
3. In the result, the Appeal succeeds and is allowed in part. The order of the learned Single Judge dated 30.12.2011 passed in Civil Application No.15910 of 2010 so far as it grants interim relief to the respondent is set aside. The matter is remanded back to the learned Single Judge to hear the learned counsel for the parties afresh on Special Civil Application No.891 of 2006 and thereafter consider passing interim order. As the Appeal succeeds, Civil Application for interim relief does not survive.
(V.M.SAHAI,J) (A.J.DESAI,J) ***vcdarji