IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL REVISION APPLICATION No 1161 of 1998 For Approval and Signature: Hon'ble MISS JUSTICE R.M.DOSHIT ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- MAHESHKUMAR SHANTILAL JOSHI Versus ISMAILKHAN CHANDBHAI -------------------------------------------------------------- Appearance: MR HC BUCH FOR NANAVATY ADVOCATES for the Petitioner MR JT TRIVEDI for the Respondent No. 1 MR BY MANKAD, AGP for the Respondents Nos.2,3 and 4 -------------------------------------------------------------- CORAM : MISS JUSTICE R.M.DOSHIT Date of decision: 16/10/2002 ORAL JUDGEMENT This is a Revision Application preferred under Section 115 CPC against the judgment and order dated 5th August, 1998 passed by the learned District Judge, Junagadh in Civil Misc.Appeal No.17/1997. The learned advocate Mr.Buch states that in view of the amendment to the Code of Civil Procedure under Act No.22 of 2002, the present Revision Application preferred under Section 115 CPC against an interlocutory order in a pending suit may not be maintainable. He, therefore, seeks leave to withdraw this Revision Application with a view to preferring a writ petition under Article 227 of the Constitution of India, in the subject matter of this Revision Application. Mr.Buch, however, requests that the interim stay granted by this Court pending the Revision Application be continued for a period of 15 days. The learned advocate Mr.Trivedi objects to the stay being continued. He has submitted that the present petitioner has no locus standi and interim stay granted in his favour shall not continue. Leave is granted. The Revision Application is disposed of as withdrawn. Rule is discharged. The interim stay granted pending the Revision Application shall stand continued upto 22nd October, 2002. Registry is directed to send the writ forthwith. ( Ms. R.M. Doshit, J. ) /sakkaf