SCA/12029/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 12029 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE AKIL KURESHI ========================================================= 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 ? ========================================================= THAKORE KACHRAJI KALAJI - Petitioner(s) Versus PRAJAPATI PRAHALADBHAI DHULABHAI - Respondent(s) ========================================================= Appearance : MR MAHESH BHAVSAR for Petitioner(s) : 1, MR GIRISH K PATEL for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 30/09/2008 ORAL JUDGMENT 1. RULE. Learned advocate Mr GK Patel waives service of rule on behalf of the respondent. SCA/12029/2008 2/3 JUDGMENT 2. Petitioner has challenged an order dated 10.07.2008 passed by the learned Presiding Officer, Fast Track Court, Gandhinagar in Civil Misc. Civil Appeal No. 47 of 2008. 3. Having heard the learned advocates for the parties, I find that this petition is required to be disposed of on the short ground of non- hearing of the petitioner or his counsel. 4. From the material on record, it can be seen that on 05.07.2008, when the proceedings were before the learned Judge, the advocate of the petitioner was not heard. It is not necessary for me to go into exact reason why the said situation prevailed. Suffice it to say that there is some doubt about the exact proceedings of 05.07.2008. Rojkam of that day also does not help the matter in clarifying the situation. 5. Under the circumstances, in larger interest of justice to ensure that the petitioner does not suffer on account of non-hearing, impugned appellate order is set aside. Misc. Civil Appeal is revived. The same shall be disposed of after hearing both the sides. For the said purpose, the appeal shall be fixed before the learned Judge on 17.10.2008. Learned advocate of both the sides assure the Court that their counter part before the District Court shall remain present on the said date and would make SCA/12029/2008 3/3 JUDGMENT their submissions, if convenient to the learned Judge. In case the said date is not convenient to the learned Judge, it will be open for him to fix any other suitable date of hearing of the Misc. Civil Appeal. Learned Judge shall attempt to dispose of the said Misc. Civil Appeal expeditiously and preferably by 15.11.2008. 6. With the above observations and directions, the petition is disposed of. 7. Rule is made absolute to the above extent. Direct service is permitted. (AKIL KURESHI, J.) mrpandya*