Gujarat High Court
Jay vs Naynaben on 15 November, 2011
Author: M.R.Shah
Bench: M.R. Shah
Gujarat High Court Case Information System
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SCA/2899/2002 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2899 of 2002
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JAY
GUJARAT CO.OP HOSG.SOC. LTD - Petitioner(s)
Versus
NAYNABEN
JASHWANTLAL MODI - Respondent(s)
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Appearance :
MR
SANJAY M AMIN for Petitioner(s) : 1,
MR BS PATEL for Respondent(s)
: 1,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 15/11/2011
ORAL
ORDER
Having heard the learned advocates for the respective parties, it appears that dispute is with respect to common plot between tenement nos. 4 and 5 total admeasuring 400 sq.yards. It is also not in dispute that each tenement holders are required to leave 5 ft margin and thereafter common plot boundary start. Therefore, it appears to the Court that if a fresh report is prepared by the office of DILR, Ahmedabad and to have a fresh plan with respect to common plot and by leaving 5 ft from tenement nos. 4 and 5 whether there would be 400 sq. yards common plot or not, it will meet the ends of justice and it will help the Court in resolving the dispute. Learned advocates for the respective parties have no objections with respect to the same and have agreed to the same. They have also agreed to pay necessary costs for measurement of the common plot to be borne by the office of DILR, Ahmedabad. Under the circumstances, stand over to 28th November 2011. In the meantime, on deposit of the requisite fees / expenditure to be borne by the concerned office of the DILR, Ahmedabad, to be deposited within a period of one week from today, the office of DILR, Ahmedabad is directed to have the measurement of common plot between tenement nos. 4 and 5 and prepared a map for common plot of 400 sq yards and boundary of the said common plot shall commence from leaving 5 ft from holder of the tenement nos. 4 and 5. The same shall be done in presence of the office bearer of the society and the owners of the tenement nos. 4 and 5 with prior intimation to them. All concerned are directed to cooperate the office of DILR, Ahmedabad to have measurement and prepared the plan as stated above. Direct service is permitted.
(M.R.SHAH,J.) kaushik Top