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Gujarat High Court · body

2017 DIGILAW 1775 (GUJ)

Chhotubhai Babarbhai Patel v. Bhagubhai Dahyabhai Patel (Deceased)

2017-11-03

R.SUBHASH REDDY, VIPUL M.PANCHOLI

body2017
ORDER : R. SUBHASH REDDY, J. This appeal under Clause 15 of the Letters Patent is filed by the original petitioners in Special Civil Application No. 14674 of 2017, aggrieved by the order dated 5.9.2017 passed by the learned Single Judge. 2. By the aforesaid order, the learned Single Judge has issued the rule returnable on 1.12.2017 and has not granted any interim order. 3. The aforesaid writ petition is filed for certification of mutation entry No. 2742. Aggrieved by the said mutation entry, respondents have filed appeal before the Deputy Secretary in RTS/Appeal No. 82 of 2003, which came to be allowed on 21.10.2003 Aggrieved by the said order, the appellants herein carried the matter before the Collector, which came to be dismissed vide order dated 14.12.2005, which order was also confirmed by the Secretary, Revenue Department (Appeals) vide order dated 2 8.2.2017 4. During the course of arguments, it is fairly submitted that the order passed by the appellate authority was not stayed either during the pendency of the appeal before the Collector or further in revision before the Secretary, Revenue Department (Appeals). In absence of any interim order at any point of time, we do not find any merit in this appeal so as to examine the claim of the appellants at this stage, as much as rule is already issued by the learned Single Judge in the order dated 5.9.2017 In absence of any interim order during the pendency of the appeal or revision, we are of the view that the appellants are not entitled to any interim order at this stage. This Letters Patent Appeal is devoid of any merit and is dismissed. Consequently, Civil Application also stands disposed of.