BHARAT AMRATLAL KOTHARI Vs. DOSUKHAN SAMADKHAN SINDHI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, is directed against judgment dated December 30, 2008, rendered:by the learned single Judge of High Court of Gujarat at Ahmedabad in Special Criminal Application No. 1387 of 2008 by which, while dealing with two prayers made by the respondent Nos. 1 to 6 herein, nemely, (a) to declare that the order dated July 5, 2008, passed by the learned Additional Chief Judicial Magistrate, Deesa, refusing to hand over custody of the live stock to them is illegal and (b) to declare that they are entitled to get custody of the entire live stock, which is in illegal custody of Bharat Kothari, i.e., appellant No. 1 herein and confined in the Panjarapole at Kanth, near Deesa, the learned single Judge has :

(3.) The facts, emerging from the record of the case are as under :