CA/931/2012

1/2

ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CIVIL APPLICATION - FOR JOINING PARTY No. 931 of 2012
In
LETTERS PATENT APPEAL No. 1771 of 2011
In
SPECIAL CIVIL APPLICATION No. 14239 of 2010
=========================================================
MAHESHBHAI BHIKUBHAI PARMAR - Petitioner(s)
Versus
PATEL NATHABHAI RANCHHODBHAI SWAMINARAYAN KRUPA & 9 Respondent(s)
=========================================================
Appearance :
MR ASHISH H SHAH for Petitioner(s) : 1,
None for Respondent(s) : 1 - 10.

=========================================================
CORAM : HONOURABLE MR.JUSTICE P.B.MAJMUDAR
and
HONOURABLE MR.JUSTICE MOHINDER PAL

Date : 23/07/2012
ORAL ORDER
(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR)

This application is preferred by the applicant to

be impleaded as party respondent to the LPA.

2.

The LPA is filed by the opponent Nos.1 and 2

original appellants, who were the original petitioners

in SCA No.14239 of 2010.

The said SCA is dismissed by

the learned single Judge, against which, the LPA is

filed.

The present applicant had initially filed MCA

No.1191 of 2011 before the learned single Judge for

recalling

of

the

order

passed

in

that

SCA.

The

learned single Judge while disposing of that MCA, has

observed

that

the

observation

made

by

the

learned

CA/931/2012

2/2

ORDER

single Judge in the writ petition being SCA No.14239

of 2010 shall not bind the present applicant and he is
entitled to take whatever proceedings in accordance
with law.

3.
at

It has been observed by the learned single Judge

the

time

applicant

of

that

disposing
the

the

MCA

decision

in

filed

by

Special

the
Civil

Application No.14239 of 2010 shall bind the parties to

the

said

proceedings

only

and

shall

not

bind

the

present applicant.

4.

Considering the said reason given in said MCA and

considering even the dispute in the LPA, we would not

like to extend the controversy raised in this LPA by
allowing the applicant to be joined in the LPA.

5.

In

the

result,

the

prayer

for

joining

the

applicant as party respondent to the LPA is rejected

as the decision in the LPA will bind only the parties
to the LPA and it will have no effect so far as
present applicant is concerned.

6.

With the above, the application is rejected.

It

is clarified that the right of the applicant, if any,

shall not be effected in any manner by this order.

[P.B.MAJMUDAR, J.]

[MOHINDER PAL, J.]

shekhar*