HARIJAN DEVABHAI JIVABHAI Vs. BECHARBHAI VALABHAI VENIYA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant has filed the present appeal against eh judgment and order dated 23rd April, 2001 passed by the High Court of Gujarat at Ahmedabad in Civil Application No. 680 of 2001 in Letters Patent Appeal No. 25 of 2001 Leaned Single Judge in Special Civil Application No. 11161/2000 passed the order to the effect that if the Liquidator had taken over the charge of the society, then he was directed to proceed further in the matter and protect the interest of the society and submit his report on or before 10.1.2000. That order was challenged by the respondent by filing the aforesaid LPA.

(3.) By the impugned order, without deciding the Letters Patent Appeal the High Court has allowed the same and has ignored various orders passed by the concerned authorities in number of petitions filed by the parties. The Court held that if the Liquidator is allowed to take charge of the agricultural land, its yield is bound to suffer because he will not be in a position to till the land with the same zeal as that of the members of the Co-operative society who have been cultivating the land since last 25 years. The Court, therefore, stayed the operation of the interim relief which was granted by the learned Single Judge with a clarification that the society should continue to remain in possession of the land in question for cultivation purposes, subject to the outcome of the petition and any orders that might be made during the pendency by the learned Single Judge. Effect is after the aforesaid order, the Letter Patent Appeal which was filed against the interim order passed by the learned Single Judge would not survive.