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CASE NO.: Appeal (civil)  6514 of 2001

PETITIONER: PALA JHANGOLA VIKAS SAMITI & ANR

RESPONDENT: CUSTODIAN GEN. OF AVACUEE PROPERTY & ORS

DATE OF JUDGMENT: 27/02/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT O  R  D  E  R

                               CIVIL APPEAL NO.6514 OF 2001                     

       Heard learned counsel for the parties.         On perusal of the impugned order against which this appeal has been filed we find th at the  High Court had dismissed the Writ Petition on the ground that in view of the statutory remed y of  appeal and of the highly disputed questions of fact which have been sought to be raised, the  Writ  Petition could not be entertained.           Without going into the merit of the case, we are of the view that liberty should be  granted to  the appellants to file an appeal before the appellate authority and if such an appeal is fil ed, the  appellate authority without going into the question of limitation shall decide the appeal on  merits  and in accordance with law after hearing the parties.  We order accordingly.                            In view of the Order now passed, application for impleadment has become infructuous  and is  disposed of as such.          The appeal is disposed of accordingly.         There shall be no order as to costs.