JAGDISHCHANDRA PRAGJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr.Nandish Thackar for the petitioners, at the outset, submitted that the order dated 20 th March, 2019 has already been implemented and thereby the present petition does not survive and the same has become infructuous. Hence, he does not press the present petition any further.

(2.) However, learned advocate Mr.Atit Shukla for respondent No.5 has seriously objected to the submission made by learned advocate for the petitioners and contended that by virtue of implementation of the order dated 20 th March, 2019 serious prejudice has been caused to the respondent No.5, for which Civil Application No.2 of 2022 is filed in the present petition and thereby if the main petition is allowed to be disposed of, in that event, his right will be seriously prejudiced.

(3.) Considering undisputed fact that order dated 20 th March, 2019 has already been implemented, the petition itself does not survive any further and thereby the submission made by learned advocate Mr.Nandish Thackar for the petitioners deserves to be accepted and the petition is disposed of accordingly without any further deliberation on merits. However, at the same time, if, by virtue of implementation of the order dtd. 20/3/2019 respondent No.5 has any grievance, it will always be open for the respondent No.5 to approach the Court by way of substantive proceedings for the relief which has been sought for in his Civil Application No.2 of 2022 and thereby all his rights and contentions are hereby kept open.