SCA/455119/1986 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4551 of 1986 For Approval and Signature: HONOURABLE MS.JUSTICE H.N.DEVANI ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = MAMAD HARUN MUSA - Petitioner(s) Versus NARPATSINH RANJITSINH JADEJA & 4 - Respondent(s) ========================================= = Appearance : MR YS MANKAD for Petitioner(s) : 1, MR AR THACKER for Respondent(s) : 1, RULE SERVED for Respondent(s) : 2 - 5. ========================================= = CORAM : HONOURABLE MS.JUSTICE H.N.DEVANI Date : 11/09/2008 ORAL JUDGMENT Heard Mr. Y.S. Mankad, learned advocate for the SCA/455119/1986 2/3 JUDGMENT petitioner. 2. Learned advocate for the petitioner has tendered an additional affidavit made by the petitioner wherein it is stated that the Civil Suit No.18 of 1981 instituted by the respondent no.1 in the Court of Civil Judge (Junior Division) at Mandvi, Kachchh has been disposed of as having abated, by an order dated 13th January, 2003. 3. Learned advocate for the petitioner has submitted that the present proceedings are an off-shoot of the said Civil Suit, as the same have been initiated pursuant to a reference made by the Trial Court to the Tenancy Mamlatdar to decide as to whether the plaintiff proves that the defendant no.1, petitioner herein, was the tenant of the suit land. It is submitted that in view of the fact that the Civil Suit itself had abated, the reference would no longer survive. In the circumstances, the present proceedings, which arise from the said reference, would no longer survive. 4. It is an admitted position that the present proceedings have arisen out of the reference made by the Trial Court in Civil Suit No.18 of 1981 in the Court of learned Civil Judge (Junior Division) at Mandvi, Kachchh. When the main suit itself has been disposed of as having abated, the proceedings pursuant to the order passed by the Trial Court would also stand abated. 5. By the impugned order which is the subject matter of challenge in the present petition, the revision application made by the deceased respondent against the order passed by SCA/455119/1986 3/3 JUDGMENT the Deputy Collector, Bhuj rejecting the respondent's appeal against the order passed by the Special Mamlatdar, Bhuj, has been allowed by setting aside the orders of the lower authorities and the matter has been remanded to the Mamlatdar for decision in accordance with law. In view of the order passed in the Civil Suit, the proceedings pursuant thereto would stand abated. In the circumstances, the proceedings pursuant to the order passed in the revision application would also stand abated. 6. For the aforesaid reasons, nothing remains to be done in the petition and the same is disposed of accordingly. ( H.N. Devani, J. ) hki