WALLINGTON MOSES MACWAN Vs. MUNICIPAL SCHOOL BOARDC

JUDGEMENT

(1.) THE present appeal is directed against the order dated 18.01.2013 passed by learned single Judge of this Court in SCA No.3057 of 2012, whereby learned single Judge, for the reasons recorded in the order, dismissed the petition.

(2.) WE have heard Mr.Asthavadi, learned counsel appearing for the appellant-original petitioner, Mr.Patel for M/s.H.L.Patel Advocates for respondents No.1 and 2, Mr.Jayswal, learned AGP for respondent No.3 and Mr.Vyas for respondent No.4, and taken up the matter for final disposal.

(3.) ON hearing the learned counsel appearing on both sides, it appears that certificate of marriage is produced by the petitioner on page 21 with Annexure-C. Not only that, but notice was issued to the son, respondent No.4 herein, who was born out of the wedlock of the petitioner and the deceased. He has filed affidavit in the present appeal, wherein at para-3, 4 and 5, it is mentioned as under: