SCA/8086/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8086 of 2008 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 ? ========================================================= JAYANTIBHAI BECHARBHAI KORADIA - Petitioner(s) Versus GANESH GANDABHAI PATEL & 4 - Respondent(s) ========================================================= Appearance : MR SP MAJMUDAR for Petitioner(s) : 1, MS. KRUTI M SHAH for Respondent(s) : 1 - 2. MR KL PANDYA ASST.GOVERNMENT PLEADER for Respondent(s) : 3 - 5, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 09/07/2008 ORAL JUDGMENT 1. Rule. Ms.Kruti Shah, learned advocate and Mr.K.L. Pandya, learned Assistant Government Pleader, waive the service of notice of rule on behalf of the respondent Nos.1 & 2 and respondent Nos.3 to 5, respectively. SCA/8086/2008 2/4 JUDGMENT 2. With the consent of the parties, the matter is taken up for final hearing today. 3. By way of this petition under Article 227 of the Constitution of India, the petitioner – original plaintiff has prayed for appropriate writ, order and/or direction quashing and setting aside the order dtd.31/5/2008 passed by the learned Additional District and Sessions Judge, Bhavnagar in Misc.Civil Appeal No.122 of 2007 in allowing the same by quashing and setting aside the order passed by the learned Principal Senior Civil Judge, Bhavnagar below application Ex.5 dtd.21/8/2007 in Regular Civil Suit No. 915 of 2006. 4. There is consensus between the learned advocates appearing on behalf of the respective parties, under the instructions of their respective clients, to the effect that let both the impugned orders be set aside and the matter be remanded to the learned trial court for deciding application Ex.5 afresh, after implementing the order passed by the Mamlatdar, Gadhada dtd.31/3/2006 and confirmed by the Dy.Collector, Palitana dtd.9/6/2006, SCA/8086/2008 3/4 JUDGMENT without in any way being influenced by the earlier orders and till the order passed by the Mamlatdar, Gadhada in Case No.2 of 2004 dtd.31/3/2006 and confirmed by the Deputy Collector, Palitana in Revision No.2 of 2005-2006 vide order dtd.9/6/2006 be continued/operated without prejudice to the rights and contention of the respective parties. 5. Under the circumstances, the judgement and order passed by the learned Additional District & Sessions Judge, Bhavnagar in Misc. Civil Appeal No.122 of 2007 dtd.31/5/2008 as well as the order passed by the learned Principal Senior Civil Judge, Bhavnagar below application Ex.5 in Regular Civil Suit No. 915 of 2006 dtd.21/8/2007 are hereby quashed and set aside and the matter is remanded to the learned Principal Senior Civil Judge, Bhavnagar for deciding the application Ex.5 in Regular Civil Suit No. 915 of 2006 afresh, after the order passed by the Mamlatdar, Gadhada in Case No.2 of 2004 which is confirmed by the Dy.Collector, Palitana in Revision No.2 of 2005-2006 dtd.9/6/2006, is implemented, in accordance with law and on merits and without in any way being prejudiced by the order passed below SCA/8086/2008 4/4 JUDGMENT application Ex.5 and the order passed in appeal arising out of the order passed below application Ex.5, within a period of three months from the date of receipt of this order and/or certified copy is produced before the trial court, and till then the parties are directed to comply with the order passed by the Mamlatdar, Gadhada in Case No.2 of 2004 dtd.31/3/2006 and confirmed by the Dy.Collector, Palitana in Revision No.2 of 2005-2006 dtd.9/6/2006, as agreed between the learned advocate appearing on behalf of the respective parties. 6. The petition is allowed to the aforesaid extent. Rule is made absolute accordingly. D.S. Permitted. [M.R. SHAH, J.] rafik