Gujarat High Court
Veraval vs State on 22 June, 2011
Author: M.R. Shah
Bench: M.R. Shah
Gujarat High Court Case Information System
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SCA/848/2006 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 848 of 2006
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
VERAVAL
PATAN JOINT MUNICIPALITY - Petitioner(s)
Versus
STATE
OF GUJARAT & 7 - Respondent(s)
=========================================
Appearance :
MR
AMAR D MITHANI for
Petitioner(s) : 1,
MR NEERAJ SONI, AGP for Respondent(s) : 1,
RULE
SERVED for Respondent(s) : 2 - 3, 3.2.2, 3.2.3,6 - 8.
None for
Respondent(s) : 3,
MR MEHUL S SHAH for Respondent(s) : 3.2.1,
3.2.2,3.2.3
MR SURESH M SHAH for Respondent(s) : 3.2.1,
3.2.2,3.2.3
RULE UNSERVED for Respondent(s) : 4,
DELETED for
Respondent(s) : 5,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 22/06/2011
ORAL
JUDGMENT
1. Shri Mithani, learned advocate seeks permission to delete respondent no. 4, who has already sold the property to respondent no. 3. Permission is accordingly granted. Respondent no. 4 stands deleted.
2. By way of this petition under Article 227 of the Constitution of India the petitioner-original plaintiff no. 2 has prayed for an appropriate order to quash and set aside the impugned order dated 26/10/2005 passed by the learned Civil Judge (Senior Division), Veraval below Exh. 121 in Regular Civil Suit No. 294/1994 by which the learned trial Court has dismissed the said application, which was submitted by the petitioner to recast issue no. 1.
3. Having heard Shri Mithani, learned advocate appearing on behalf of the petitioner and Shri Suresh Shah, learned advocate appearing on behalf of the contesting respondents, issue no. 1 is hereby recast as under. The learned advocates appearing on behalf of the respective parties do not invite any further reasoned order.
"Whether the plaintiffs prove that the disputed suit property in question, as described in the suit, which is known as 'ghashpit' situated in the local limit of Veraval Patan Nagarpalika is owned and possessed by the Nagarpalika? In the alternative; "Whether the Veraval Patan Nagarpalika has become the owner by adverse possession and is entitled to retain the possession of the disputed suit land in question as the same is alleged to be in possession of the Veraval Patan Nagarpalika since last more than 50 years?"
4. With this, the present Special Civil Application is disposed of. Considering the fact that the suit is of the year 1994 the learned trial Court is hereby directed to decide and dispose of the suit in accordance with law on its own merits at the earliest but not later than 12 months from the date of receipt of the present order. Rule is made absolute to the aforesaid extent. No cost.
5. Registry is directed to send the writ of this order to the learned trial Court immediately.
(M.R. SHAH, J.) siji Top