Babubhai Shankerbhai Patel vs Bipinkumar Shedhabhai Patel
2022 Latest Caselaw 8737 Guj

     C/FA/5251/2010                                        ORDER DATED: 03/10/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/FIRST APPEAL NO. 5251 of 2010

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                     BABUBHAI SHANKERBHAI PATEL
                                Versus
               BIPINKUMAR SHEDHABHAI PATEL & 1 other(s)
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Appearance:
MR AMIT N PATEL(2749) for the Appellant(s) No. 1
MR MAULIK J SHELAT(2500) for the Defendant(s) No. 2
MR RAVINDRA SHAH(1299) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                                   Date : 03/10/2022

                                     ORAL ORDER

Heard the learned counsel appearing for the respective parties.

The present First Appeal is filed by the appellant - original claimant challenging the judgment and award dated 27.11.2009 passed by the Motor Accident Claims Tribunal (Aux.II), Mehsana (hereinafter referred to as "the Tribunal") in M.A.C.P. No.795 of 1998.

The same is challenged by the respondent No.1 - original owner of the vehicle involved in the alleged accident, on the ground that the notice was not duly served upon him and therefore, he had moved an application before the concerned Tribunal.

C/FA/5251/2010 ORDER DATED: 03/10/2022

Thereafter, the Tribunal has recalled the judgment and award dated 27.11.2009 and the matter was heard again by the Tribunal after hearing both the sides on merits and passed the final order on 19.09.2022.

In light of the subsequent order passed by the concerned Tribunal, the present First Appeal has become infructuous and is accordingly disposed of.

As the present First Appeal is disposed of, in light of the subsequent event, the appellant is entitled to claim refund of the court fees.

Registry is directed to refund the court fees to the appellant after proper verification.

(HEMANT M. PRACHCHHAK,J)

Dolly