LAWS(GJH)-1997-8-33

KASAMBHAI FATEHBHAI GANCHI Vs. CHANDUBHAI DAHYABHAI RAJPUT

Decided On August 04, 1997
KASAMBHAI FATEHBHAI GANCHI Appellant
V/S
CHANDUBHAI DAHYABHAI RAJPUT Respondents

JUDGEMENT

(1.) Heard Mr. G. M. Joshi, learned Advocate for applicant and Mr. R. S. Sanjanwala for Opponent No. 1.

(2.) This Civil Application is filed by the applicant (Appellant of Letters Patent Appeal No. 731 of 1997) for the following reliefs in terms of para 3, which reads thus :

(3.) We have admitted the appeal. We are, however, of the view that in the facts and circumstances of the case, and taking into account the law laid down by the Hon'ble Supreme Court in Saraswati Devi v. Shanti Devi, 1997(1) SCC 122, interim relief prayed by the applicant cannot be granted. We are, therefore, recording reasons for refusing interim relief and as to why, in our opinion, the Letters Patent Appeal required admission.