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2017 DIGILAW 1499 (GUJ)

Mahila Samachya-Gujarat v. Madhavi M. Olkar

2017-09-01

B.N.KARIA, M.R.SHAH

body2017
JUDGMENT : M.R. SHAH, J. Feeling aggrieved and dissatisfied with the impugned order passed by the learned Single Judge dated 11/04/2016 in Civil Application No. 3389/2016 in Special Civil Application No. 3384/2016 by which the learned Single Judge, without assigning any reasons, has refused to vacate the ad-interim relief granted earlier, appellant herein has preferred the present Letters Patent Appeal. 2. If the learned Single Judge was of the opinion that the application is required to be dismissed and the ad-interim relief granted earlier is not required to be vacated, in that case, the same can be dismissed, however after giving some reasons. Under the circumstances, as such, the impugned order dated 11/04/2016 passed in Civil Application No. 3389/2016 in Special Civil Application No. 3384/2016 deserves to be quashed and set aside. 3. However, as the main petition is yet to be heard and considered by the learned Single Judge even for admission hearing, Registry is directed to place the main petition for admission hearing on board and the learned Single Judge to consider the matter for admission hearing as well as with respect to interim relief. 4. In view of the above, present Appeal is allowed and the impugned order passed by the learned Single Judge in Civil Application No. 3389/2016 in Special Civil Application No. 3384/2016 rejecting the same and refusing to vacate the ad-interim relief granted earlier is hereby quashed and set aside. As it is reported that the main petition is yet to be taken and/or considered by the learned Single Judge even for admission hearing, which seems to have gone in cutoff, Registry is directed to notify the main Special Civil Application for admission hearing on 11/09/2017. All the contentions/defences, which may be available to the respective parties, are kept open. It will be open for the original petitioner to contend that the ad-interim relief granted earlier is required to be continued and the matter is required to be admitted. At the same time, it will also be open for the appellant herein to contend that the petition deserves to be dismissed and the ad-interim relief granted earlier is required to be vacated. Learned Single Judge to consider the same in accordance with law and on its own merits. 5. With this present Letters Patent Appeal is allowed to the aforesaid extent. No order as to costs. Civil Application No. 4304/2016 6. Learned Single Judge to consider the same in accordance with law and on its own merits. 5. With this present Letters Patent Appeal is allowed to the aforesaid extent. No order as to costs. Civil Application No. 4304/2016 6. In view of disposal of the Letters Patent Appeal, Civil Application stands disposed of.