LPA/2541/2004 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 2541 of 2004 In SPECIAL CIVIL APPLICATION No. 18047 of 2003 With CIVIL APPLICATION No. 9773 of 2004 In LETTERS PATENT APPEAL No. 2541 of 2004 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================= = 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 ? ========================================= = STATE OF GUJARAT THROUGH RAJ GOPAL Versus JASHWANTSINH RAMSINH AND OTHERS ========================================= =Appearance : MR SP HASURKAR, ASSTT GOVERNMENT PLEADER for the Appellant MR BM MANGUKIYA for Respondent(s) : 1 - 13. - for Respondent(s) : 0.0.0,0.0.0 ========================================= = CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 06/08/2008 LPA/2541/2004 2/2 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) Heard the learned counsel for the parties. This appeal is filed against the unreasoned interlocutory order. We feel that sufficient opportunity should be given to the parties to urge before the learned Single Judge and thereafter, the learned Single Judge should pass final order/s in the stay application. In that view of the matter, the matter is remitted for hearing to the learned Single Judge and the State Government would file application for vacation of the stay order. The learned Single Judge is requested to decide the application, preferably within one month. Till then, the status quo as existing today will be maintained in respect of the disputed land. The Appeal is disposed of. ORDER IN CIVIL APPLICATION NO.9773 OF 2004: In view of the order passed in Letters Patent Appeal No.2541 of 2004, the present Civil Application does not survive and is disposed of accordingly. (BHAGWATI PRASAD, J.) (S.R.BRAHMBHATT, J.) omkar