Allowed

Subhashbhai Nathabhai Patel v. Kanubhai Manibhai Patel

Gujarat HC4 May 2018CA/2882/2018

Case brief

AI extract

What is this about?

The High Court of Gujarat disposed of a civil application for leave to appeal against an interim order. The court granted liberty to the petitioner to apply to be joined as a party respondent in the pending Special Civil Application before the Single Judge.

What did the court decide?

Liberty to file application to join as party respondent in Special Civil Application 6489 of 2018; Civil Application and Letters Patent Appeal disposed of.

Subhashbhai Nathabhai Patel Vs Kanubhai… — Civil Procedure and Limitation | Gujarat HC (2018)

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C/CA/2882/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION NO. 2882 of 2018 With F/LETTERS PATENT APPEAL NO. 15349 of 2018 In

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SPECIAL CIVIL APPLICATION NO. 6459 of 2018

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============================================= SUBHASHBHAI NATHABHAI PATEL

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Versus

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KANUBHAI MANIBHAI PATEL

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=============================================

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Appearance:

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MR DIPEN DESAI(2481) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 1,3,4

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ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the RESPONDENT(s) No. 2

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============================================= CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY

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and

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HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

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Date : 04/05/2018

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ORAL ORDER

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(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)

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[1] The Civil Application is filed seeking leave to prefer appeal

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aggrieved by the order dated 23.04.2018 passed by the learned Single Judge in Special Civil Application No.6459 of 2018. Order dated 23.04.2018 reads as under :-

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“Notice, returnable on 20th June, 2018. The petitioner is at liberty to apply for adjournment before the authority and the same shall be granted in view of the fact that this Court has ceased of the matter. Direct Service is permitted.”

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[2] It is the case of the applicant / appellant that on his

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representation, proceedings are initiated and show cause notice is issued to

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the 1^st respondent – original petitioner by the competent authority under

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Page 1 of 3

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C/CA/2882/2018 ORDER

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the provisions of Gujarat Cooperative Societies Act. It is submitted by learned Counsel for the applicant that without impleading the applicant, the petition is filed and order dated 23.04.2018 is obtained. It is fairly submitted that no application is filed by the applicant for joining him as party respondent in Special Civil Application No.6459 of 2018.

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[3] While issuing notice on 23.04.2018 by this Court, liberty is granted to the original petitioner to apply for adjournment before the authority with further direction that same shall be granted in view of pendency of matter before this Court.

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[4] It is contended that taking advantage of the order passed by this Court, the original petitioner has filed nomination to district level society.

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[5] When the matter is pending before the learned Single Judge, the applicant, as well, can file application for joining as party respondent in the Special Civil Application No.6489 of 2018. In view of the same, there is no reason to seek leave to prefer appeal against the order dated 23.04.2018. As much as, the applicant has not preferred any application for joining as party respondent in Special Civil Application No.6489 of 2018, we deem it appropriate to dispose of this Civil Application by granting liberty to the applicant to file application for joining as party respondent in Special Civil Application No.6489 of 2018. If such application is filed, either

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Page 2 of 3

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C/CA/2882/2018 ORDER

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for joining as party respondent or for any other relief, we request the learned Single Judge to take up the matter as expeditiously as possible and to pass appropriate order.

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[6] Accordingly, the Civil Application stands disposed of with direction as indicated above. Consequently, the Letters Patent Appeal also stands disposed of.

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(R.SUBHASH REDDY, CJ)

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(VIPUL M. PANCHOLI, J)

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SATISH

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Page 3 of 3

Subhashbhai Nathabhai Patel v. Kanubhai Manibhai Patel

Case brief

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Subhashbhai Nathabhai Patel v. Kanubhai Manibhai Patel

Case brief

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What did the court decide?

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