S. NAINAR SUNDARAM, J.

( 1 ) THIS Letters Patent Appeal is directed against the decision of the learned single Judge in Civil Appeal No. 1386 of 1983. That Civil Appeal was directed against the judgment and decree of the learned Civil Judge (Senior Division), Palanpur, in Special Civil Suit no. 55 of 1979. The defendants in the suit have preferred the Civil Appeal. The plaintiff in the suit is the respondent in the Civil Appeal. The same is the position in this Letters Patent Appeal. The learned single Judge summarily dismissed the Civil Appeal in the following terms :"dismissed for the reasons mentioned in the judgment. The respondent however may see to it that the standing crops of the appellant may be permitted to be reaped by them, on their filing an undertaking before this Court within two weeks that they shall hand over peaceful and vacant possession of the disputed land by 15-11-1983"

( 2 ) THUS, we see that the learned single Judge has chosen not to assess the merits of the case in the First Appeal by reasons of his own and has chosen to dismiss it for the reasons mentioned in the judgment of the First court. We also gather that the dismissal of the Civil Appeal happened with

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