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2013 Supreme(Guj) 11

BHASKAR BHATTACHARYA, J.B.PARDIWALA
Revaben – Appellant
Versus
Vinubhai Purshottambhai Patel – Respondent


Advocates:
Appearance :
LPA No. 1220 of 2011 with C.A. No. 8627 of 2011
Mrs. Ketty Mehta, Advocate with Ms. Archana R. Acharya, for the appellant
Mr. A.J. Patel with Mr Shital Patel, for the Respondent No. 9.
Mr. Mihir Thakore, Sr. Counsel with Mr. Parthiv B. Shah, Advocate, for the Respondent No. 10
Ms. Krina Calla, Asst. Govt. Pleader, for the Respondents No. 11 - 12.
Rule Served By D.S., for the Respondents No. 1 - 8.
LPA No. 1219 of 2011 with C.A. No. 8621 of 2011
Mr. Mihir Thakore, Sr. Counsel with Mr. Parthiv B. Shah, Advocate, for the Appellant.
Ms. Krina Calla, Asst. Govt. Pleader, for the Respondents No. 1, 19.
Mrs. Ketty Mehta, Advocate with Ms. Archana R. Acharya, for the Respondents No. 9 to 16.
Mr. A.J. Patel with Mr. Shital Patel, for the Respondent No. 18.
Rule Served by D.S. Respondents No. 2 to 8 and 17.
LPA No. 894 of 2012 with CA 7470 of 2012 with LPA No. 895 of 2012 with CA 7470 of 2012 and CA 7472 of 2012.
Mr. Anshin H. Desai, for the Appellant.
Mr. U.I. Vyas, for the Respondent No. 1.
Notice Not Received Back, for the Respondent No. 2.
Notice served, for the Respondent No. 3.

Judgment

Bhaskar Bhattacharya, CJ.—All these Letters Patent Appeals were heard analogously for the purpose of deciding a preliminary objection raised by the respondents that these appeals are not maintainable under Clause 15 of the Letters Patent in view of the fact that the learned Single Judge really exercised jurisdiction under Article 227 of the Constitution of India. According to the learned counsel appearing on behalf of the respondents, if a learned Single Judge of this Court, in substance, exercises jurisdiction under Article 227 of the Constitution of India, the same is not appealable under Clause-15 of the Letters Patent. According to those learned counsel, only if, the learned Single Judge exercises original jurisdiction under Article 226 of the Constitution of India, in that event, a Letters Patent Appeal under Clause-15 of the Letters Patent is maintainable and not otherwise.

2. Before we proceed to decide the aforesaid question, it will be profitable to refer to the facts in which these four Letters Patent Appeals have been preferred.

2.1 Letters Patent Appeal No. 1220 of 2012:

This Letters Patent Appeal is at the instance of the unsuccessful applicants of Special Civil A







































































































































































































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