PATEL BHARATKUMAR BABULAL Vs. PATEL SHANTABEN

JUDGEMENT

(1.) By way of this Civil Revision Application under Section 115 of the Code of Civil Procedure the petitioners-original defendants have prayed for an appropriate writ, order or direction to quash and aside the impugned orders passed by the learned trial Court below Exhs. 17 and 57 by which the learned trial Court has dismissed the applications submitted by the petitioners-original defendants under Order 7 Rule 11 of the Code of Civil Procedure by which it was prayed to reject the plaint on ground that such a suit is not maintainable.

(2.) Ms. Dhara Shah, learned advocate appearing on behalf of the petitioners-original defendants has submitted that the learned trial Court is considering the action on the part of the authorities under the Town Planning Act despite the fact that at an appropriate stage when the Town Planning Scheme was sanctioned no objections were raised by the respondents-original plaintiffs. It is submitted that considering the provisions of the Gujarat Town Planning Act such a suit is not maintainable at all.

(3.) Shri M.B. Gandhi, learned advocate appearing with Shri Amit Nanavati, learned advocate appearing on behalf of the respondents-original plaintiffs has stated at the bar that as such, the respondents-original plaintiffs are not challenging and/or questioning the legality and validity of the Town Planning Scheme, which has become final and, therefore, there is no question of any bar of any suit under the provisions of the Gujarat Town Planning Act as contented on behalf of the petitioners-original defendants.