The High Court of Gujarat allowed permission to withdraw the Letters Patent Appeal and disposed of the matter accordingly. No substantive legal question was adjudicated.
Permission to withdraw the Letters Patent Appeal granted; appeal disposed of as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/LPA/1598/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1598 of 2019
In
R/SPECIAL CIVIL APPLICATION NO. 12014 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In
R/LETTERS PATENT APPEAL NO. 1598 of 2019
============================================= MANGLESHWAR APAARTMENT CO-OPERATIVE HOUSING SOCIETY LTD.
Versus
THE CO-OPERATION COMMISSIONER AND REGISTRAR
============================================= Appearance:
MR DILIP B RANA(691) for the Appellant for the Respondent Nos. 1, 2, 3, 4, 5, 6
=============================================
CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT and HONOURABLE DR.JUSTICE A. P. THAKER
Date : 05/09/2019
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)
Learned counsel appearing for the appellant has submitted that the order at page-93 is clearly indicative of the fact that the prayer which was given up only at that stage and that could not have been construed as creating any bar of res judicata or constructive res judicata and therefore the learned single Judge in the impugned order in this Letter Patent Appeal has unfortunately held the same to be a bar and in that view of the matter he seeks permission to withdraw this Letters Patent Appeal at this stage with a view to take out appropriate proceeding of seeking clarification/review of the order so that the constructive res judicata bar which has been
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C/LPA/1598/2019 ORDER
held out may be lifted, as the appellant will be without remedy so far as the said prayer is concerned and urges the Court to bring in fresh Letters Patent Appeal in case, if that has been warranted.
Permission, as prayed for is granted with aforesaid liberty, which will include filing of the Letters Patent Appeal, in case, if so warranted. The appeal is disposed of as withdrawn.
In view of the order passed in the main appeal, no order in Civil Application and the same stand disposed of accordingly.
(S.R.BRAHMBHATT, J.)
(A. P. THAKER, J.)
Pankaj
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Mangleshwar Apartment Co-Operative Housing Society Ltd.
The Co-Operation Commissioner and Registrar
S.R. Brahmbhatt
A. P. Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
