PRADEEPKUMAR GORDHANDAS PATEL Vs. CHANDRAKANT JIVANLAL PATEL

JUDGEMENT

(1.) Leave granted.

(2.) This civil appeal is filed aggrieved by judgment and order dated 19.06.2018 passed by the High Court of Gujarat at Ahmedabad in R/Special Civil Application No.10271 of 2013.

(3.) The appellant claims that he has purchased the property being No.86, Vibhaag-1, Uttar Gujarat Patel Society, Asarwa at Ahmedabad in 1994 and he was put in possession. At the first instance, the appellant preferred a simplicitor suit for permanent injunction bearing CS No.1069 of 2003 which was subsequently dismissed. In the year 2010, the appellant has also filed Civil Suit No.2929 of 2010 before the City Civil Court, Ahmedabad, for specific performance for the execution of the sale deed and seeking directions to restrain the respondent and others from disturbing his possession. The said suit is still pending. On 01.07.2011 the respondent herein has filed an application, P.S.R.P. No.22 of 2011, under Section 41 of the Presidency Small Causes Act, 1882 (for short, 'the Act'), seeking vacant possession of the property in question. On 05.08.2011 the appellant herein also filed an application under Section 47 of the Act seeking stay of the application (P.S.R.P. No.22 of 2011) filed by the respondent. The Small Causes Court by order dated 28.01.2013 rejected the application of the appellant filed under Section 47 of the said Act. Aggrieved by the same, the appellant preferred Special Civil Application No.1027 of 2013 before the High Court of Gujarat at Ahmedabad. The High Court vide order dated 19.06.2018 has dismissed the said special civil application by giving a further direction to the appellant to vacate the premises in question which is the subject-matter of P.S.R.P.No.22 of 2011.