IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL REVISION APPLICATION No 1251 of 2001 For Approval and Signature: Hon'ble MR.JUSTICE M.C.PATEL ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- ATULBHAI B DUTTA Versus JIVANBHAI RANABHAI MAKWANA -------------------------------------------------------------- Appearance: 1. Civil Revision Application No. 1251 of 2001 MR RM CHHAYA for Petitioners No. 1-2 MR NIRAJ V ASHAR for Respondent No. 1 .......... for Respondents No. 2-3 -------------------------------------------------------------- CORAM : MR.JUSTICE M.C.PATEL Date of decision: 19/10/2001 ORAL JUDGEMENT 1. Rule. Mr.Niraj V. Ashar, learned Counsel for the respondent No.1 waives service of rule. 2. Heard learned Counsel for the parties. In the facts and circumstances of the case, the learned Trial Judge ought to have granted the prayer for survey and preparation of the map by the City Survey Officer. The impugned order is, therefore, set aside and the prayer made in Application Ex.23 in Regular Civil Suit No.131/2001 in the Court of learned 3rd Joint Civil Judge (S.D.), Amreli is granted. The petitioners shall maintain status-quo with regard to the construction of septic tank till the application for temporary injunction is decided. The cost of survey shall be borne by the petitioner. The amount of cost shall be fixed by the trial Court. 3. Rule is made absolute accordingly. No order as to costs. Direct service is permitted. 19-10-2001 (M.C.Patel, J.) vinod