The High Court of Gujarat dismissed an appeal against an interim order granting possession of flats to writ petitioners, declining to interfere without a stay application or request for early disposal of the underlying writ.
The Letters Patent Appeal and connected civil application were dismissed with no relief granted.
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/162/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 162 of 2020
In
R/SPECIAL CIVIL APPLICATION NO. 1387 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In
R/LETTERS PATENT APPEAL NO. 162 of 2020
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ALLHABAD BANK
Versus
PRAVINSINH KHUMANSINH PARMAR
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Appearance:
MR PARTH BRAHMBHATT, ADVOCATE for RITESH D PATADIA(6460) for the Appellant(s) No. 1
for the Respondent(s) No. 1,2,3
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH
and HONOURABLE MR.JUSTICE ASHUTOSH J. SHASTRI
Date : 20/02/2020
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH)
We have heard Shri Parth Brahmbhatt, learned advocate
for Shri Ritesh Patadia, learned counsel for the appellant.
The present Letters Patent Appeal is against the interim order passed by the learned Single Judge whereby, after recording reasons, protection provided to the writ petitioners is that possession of the respective flats may not disturbed till the
Page 1 of 2
C/LPA/162/2020 ORDER
returnable date. The appropriate course open to the appellant would be to apply for vacation of the interim order and request the learned Single for early disposal of the writ petition.
Against the interim order, we are not inclined to interfere with in the Letters Patent Appeal. It is, accordingly, dismissed.
Consequently, the connected civil application also stands
disposed of.
(VIKRAM NATH, CJ)
(ASHUTOSH J. SHASTRI, J)
/phalguni/
Page 2 of 2
Allahabad Bank
Pravinsinh Khumansinh Parmar
Vikram Nath
Ashutosh J. Shastri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
