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2021 Supreme(Guj) 869

J.B.PARDIWALA, VAIBHAVI D.NANAVATI
Ramilaben Prakashbhai Makwana – Appellant
Versus
Sundarbhai Virabhai Makwana – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vasants Shah
For the Respondent: Chirag A Prajapati, Mr. Deep D Vyas

ORDER :

J.B. PARDIWALA, J.

1. On 8th October, 2021, this Court passed the following order;

    “1. This appeal under Clause 15 of the Letters Patent is at the instance of the original respondent no.3 of a writ application and is directed against the order passed by a learned Single Judge of this Court dated 22.02.2017 in the Special Civil Application No.2890 of 2017 by which the writ application filed by the original writ applicant came to be disposed of with appropriate directions.

2. The impugned order passed by the learned Single Judge reads thus :-

“1. Heard Mr. Chirag Prajapati, learned advocate for the petitioner.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order or direction directing the respondent–Municipal Corporation to implement and execute the order passed under Section 260(2) of the Bombay Provincial Municipal Corporations Act,1949 in its true and correct spirit in the interest of justice.

3. It appears that the petitioner had approached the Corporation because of which the proceedings for unauthorized construction made by the private respondents were undertaken under Section 260(1) of the Act by n

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