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2016 Supreme(Guj) 798

K.S.JHAVERI, A.G.URAIZEE
ARCHANABEN – Appellant
Versus
NIMESHBHAI HARJIVANDASBHAI PATEL – Respondent


Advocates Appeared:
For the Appellant :Mr. Harshil C. Dattani, Advocate for the Appellant No. 1.
Mr. S.P. Majmudar, Advocate for the Appellant No. 1.
For the Respondent:Mr. Vivek Bhamare for Mr. Y.N. Ravani, Advocate for the Respondent No. 1.

JUDGMENT :

K.S. JHAVERI, J.

1. By way of filing these appeals under Clause 15 of the Letters Patent, the appellants – original respondents of Misc. Civil Applications No.1174 and 1175 of 2013 have challenged the order passed by the learned Single Judge whereby the learned Single Judge has allowed the transfer petitions while in other appeal, the learned Single Judge has rejected the transfer application.

2. Mr. Vivek Bhamare, learned advocate appearing for Mr. Y.N. Ravani, learned advocate for the respondent has raised a preliminary objection about the maintainability of the writ petition in view of the decision of the Supreme Court in the case of Asrumati Debi, Appellant v. Kumar Rupendra Deb Raikot and others, Respondents, AIR 1953 SC 198 wherein in paragraphs 12, 13 and 15 it is observed as under:

“12. As stated already, it is not our purpose in the present case to frame an exhaustive definition of the word' judgment' as used in Cl. 15 of the Letters Patent. We have indicated what the essential features of a 'judgment' are according to both the Calcutta and the Madras High Courts and all that we need say is, that in our opinion, an order under Cl. 13 of the Letters Patent does not s

































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