IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No 376 of 1986 in SPECIAL CIVIL APPLICATIONNo 5005 of 1986 with CIVIL APPLICATION NO. 1937 OF 1986 For Approval and Signature: HON'BLE MR.JUSTICE R.K.ABICHANDANI and HON'BLE MR.JUSTICE K.M.MEHTA ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES 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? -------------------------------------------------------------- ARVINDRAI SHANKERLAL DAVE Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. LETTERS PATENT APPEAL No. 376 of 1986 MR SR BRAHMBHATT for Appellant No. NOTICE SERVED for Respondent No. 1-2 MR MG NAGARKAR for Respondent No. 3 MR AD OZA WITH MR LR PUJARI, AGP for Respondent No. 4 RULE SERVED for Respondent No. 5 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE R.K.ABICHANDANI and HON'BLE MR.JUSTICE K.M.MEHTA Date of decision: 08/10/2003 ORAL JUDGEMENT (Per : HON'BLE MR.JUSTICE R.K.ABICHANDANI) 1. The cognate matter being Letters Patent Appeal No.345 of 1986 was disposed of on 22-11-2002 by ordering that the appeal had become infructuous and should be dismissed. It is stated by the learned counsel that the present appeal is identical to the said Letters Patent Appeal. 2. For the reasons given in the above judgement and order dated 22nd November 2002, the present appeal is also dismissed as having become infructuous. There shall be no order as to costs. 3. Civil Application No.1937 of 1986 is rejected in view of the above order made in the appeal. Rule is discharged with no order as to costs. Ad-interim relief stands vacated. [R.K.ABICHANDANI, J.] [K.M.MEHTA, J.] parmar*