The appellants were non-suited by the Gujarat High Court in Special Civil Application No 15098 of 2022 on the ground that they had not taken the leave -2- of the Court to file a case afresh while withdrawing their earlier writ petition, viz., Special Civil Application
No 4865 of 2020. However, they decided to transfer their rights in favour of one Jigneshbhai Dhuman who was a Hindu and, therefore, the provisions of the impugned enactment would no longer apply to the transaction, after assignment of their rights in favour of Jigneshbhai Dhuman. Perusal of the impugned order dated 19.09.2022 passed by the Gujarat High Court reflects that the Division Bench noted the fact that the prayers in both the writ petitions were identical and, having perused the order dated 17.06.2021 passed in the earlier case dismissing it as withdrawn with nothing further, the Division Bench opined that the same was a withdrawal -5- simpliciter and not a withdrawal with leave to file a fresh petition either on the same cause of action or on a different cause of action. We are, therefore, of the opinion that the High Court ought not to have held against the appellants on technicalities when the withdrawal application filed by them indicated their clear intention to file a case afresh if the need arose. -7- ITEM NO.49 COURT NO.13 SECTION III S U
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Also Read: https://newslaw.in/case-type/civil/conflict-in-internal-organization-of-police-force-legal-analysis/
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I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). Deepanwita Priyanka, AOR UPON hearing the counsel the court made the following O R D E R Leave granted.
(Geeta Ahuja)
(Beena Jolly) Assistant Registrar-cum-PS Court Master (Signed Non-Reportable Judgment is placed on the file)
Case Title: ALI HUSSAIN ISHAQ ALI VOHRA Vs. THE STATE OF GUJARAT (2023 INSC 418)
Case Number: C.A. No.-003161-003161 / 2023
