Gujarat High Court
Ratansinh vs Ranubha on 14 July, 2008
Author: M.R. Shah
Bench: M.R. Shah
SCA/28485/2007 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 28485 of 2007 ========================================== RATANSINH KANJI SHAH - Petitioner(s) Versus RANUBHA BHOJRAJJI SODHA & 7 - Respondent(s) ========================================== Appearance : MR AR THACKER for Petitioner(s) : 1, MR SK PATEL for Respondent(s) : 1, MR HEMANG PARIKH, AGP for Respondent(s) : 2, NOTICE SERVED for Respondent(s) : 2 - 4. NOTICE NOT RECD BACK for Respondent(s) : 5 - 6. MR PREMAL R JOSHI for Respondent(s) : 7, MR MANISH K KAJI for Respondent(s) : 8, ========================================== CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 14/07/2008 ORAL ORDER
1. The present Special Civil Application, under Article 227 of the Constitution of India, is filed by the petitioner-original applicant challenging the order dated 17/07/2007 passed by the learned Principal Senior Civil Judge (Senior Division) Bhuj at Kutch in Regular Civil Suit No. 121/2005 in dismissing the said application by which the applicant has sought permission to be joined as party defendant.
2. Shri A.R. Thacker, learned advocate appearing on behalf of the petitioner has submitted that the concerned persons have encroached upon the gaucher land and the parties to the suit in collusion with each other, will see to it that encroachment on the gaucher land is not removed and, therefore, to protect the gaucher land, presence of the petitioner is required.
3. The aforesaid is disputed by Shri S.K. Patel, learned advocate appearing on behalf of respondent no. 1-original plaintiff.
4. Be that as it may, pursuant to the oral direction given by this Court, Chitnis to the Collector, Kutch is present in the Court and he has assured the Court that the aforesaid suit, being Regular Civil Suit No. 121/2005, pending in the Court of learned Principal Senior Civil Judge (Senior Division), Bhuj will be defended in its true spirit and the same will be monitored by the Collector, Kutch himself and see to it that there is no further encroachment on the gaucher land and if any encroachment is made, the same will be removed after following the due procedure. The Collector, Kutch is directed to act accordingly.
5. In view of the above, no further order is required to be passed in the present proceedings as the purpose for which the petitioner wanted to be joined as party defendant is served. With this, the present Special Civil Application is disposed of. Notice is discharged.
(M.R. SHAH, J.) siji