Chhotanben D/O Bavamiya Kamaloddin ... vs Kiritbhai Jalkrushnabhai Thakkar & 5 on 14 November, 2016

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Gujarat High Court

Chhotanben D/O Bavamiya Kamaloddin ... vs Kiritbhai Jalkrushnabhai Thakkar & 5 on 14 November, 2016

Bench: Sonia Gokani

                  C/CA/10680/2016                                                 ORDER



                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   CIVIL APPLICATION (FOR STAY) NO. 10680 of 2016
                    In CIVIL REVISION APPLICATION NO. 76 of 2016
         ==========================================================
               CHHOTANBEN D/O BAVAMIYA KAMALODDIN SAIYED W/O
                 GULAMHUSAIN BADAMIYA SAIYED & 1....Applicant(s)
                                       Versus
              KIRITBHAI JALKRUSHNABHAI THAKKAR & 5....Respondent(s)
         ==========================================================
         Appearance:
         MR CHINMAY M GANDHI, ADVOCATE for the Applicant(s) No. 1 - 2
         MR MB GANDHI, ADVOCATE for the Applicant(s) No. 1 - 2
         MR. JAY M THAKKAR, ADVOCATE for the Respondent(s) No. 1
         UNSERVED-REFUSED (R) for the Respondent(s) No. 2 - 3 , 5 - 6
         ==========================================================
         CORAM:             HONOURABLE MS JUSTICE SONIA GOKANI
                                  Date : 14/11/2016
                                           ORAL ORDER

1. This Court issued rule in this matter on 21.10.2016, calling for the R&P from the trial Court concerned so as to reach this Court on or before 14.11.2016.

2. By way of this Civil Application the applicants-original respondents seek stay against the original petitioner-opponent No.1, herein, seeking a specific direction not to enter upon the land in question and not to carry out any activity of construction, which would change the situation of the land.

3. Learned Advocate, Mr. Thakkar, appearing for the original petitioner-opponent No.1 has filed reply stating, therein, that different parcels of Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu Dec 22 00:15:39 IST 2016 C/CA/10680/2016 ORDER lands have been sold in the year 1997 and the process of repairing of compound wall is going on since then, in accordance with law and after a span of about 17 years, the Suit being Regular Civil Suit No. 166/2015 (Old No. Special Civil Suit No. 193/2013) has been brought with mala fide intentions.

4. The request of the applicants-original respondents for stay shall be considered at the time of hearing of the main matter, since, the original petitioner-opponent No.1 at Paragraph-12 of his affidavit has categorically stated that the construction which has been carried out is of constructing the compound wall. Learned Advocate, Mr. Thakkar, has also reiterated, in his submission and has emphasized, that there is no right existing in favour of the original respondents-applicants, herein. There is no need to create any equity in favour of a third party, when the parties are ready to contest the main matter being Civil Revision Application No. 76 of 2016 on merits. This submission on the part of the learned Advocate, Mr. Thakkar, coupled with the contents of Paragraph-12 of affidavit of the original petitioner-opponent No.1, herein, would suffice. The petitioner is once again permitted to pray for the reliefs sought in this application, at the time of hearing of the main matter. DISPOSED OF, accordingly.

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