SCA/5182/1992 of SARVAJANIK KELAVANI MANDAL Vs A N SHARMA OR HIS SUCCESSOR on 15 December 1997

1. Whether Reporters of Local Papers may be allowed to see the judgements?

2. To be referred to the Reporter or not?

3. Whether Their Lordships wish to see the fair copy of the judgement?

4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the Civil Judge?

1 to 5 No

-------------------------------------------------------------- SARVAJANIK KELAVANI MANDALVersus A N SHARMA OR HIS SUCCESSOR -------------------------------------------------------------- Appearance: MR JITENDRA M PATEL for Petitioner MR JD AJMERA for Respondent No. 1, 2, 3 -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA Date of decision: 15/12/97

ORAL JUDGEMENT

Mr. Ajmera submits the Appellate Authority has now started functioning and, therefore, the petitioners may be relegated to the remedy of Appeal. Mr.Patel submits that he may be granted time to avail the remedy before the Appellate Authority and in the meanwhile the position as obtaining today, on the basis of the interim order passed by this Court, may be allowed to continue for a period six weeks. This suggestion is acceptable to Mr.Ajmera. Accordingly six weeks time is granted to the petitioners so as to avail the remedy of Appeal before the Appellate Authority in accordance with law and for a period of six weeks from today the position as obtaining today, on the basis of the interim order passed by this Court, shall continue. Mr.Ajmera on behalf of the respondent has stated that the Appeal shall not be opposed on the ground of limitation in case the same is filed within six weeks.

In view of this, Mr.Patel seeks to withdraw this Special Civil Application. The same is hereby dismissed as withdrawn. Rule is hereby discharged. No order as to costs.

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